Description
Book SynopsisPart I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.
Table of ContentsPART 1 THE ENFORCEMENT OF CONTRACTS Chapter 1: The Enforcement of Contracts by Specific Performance • Introduction • The Enforcement of Contracts by Specific Performance • Discretionary Enforcement of Contracts • Contracts Incapable of Enforcement by Specific Performance • Damages In Lieu of Specific Performance Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts • Introduction • Testamentary Contracts • Pre-Testamentary Contracts • Commentaries on Testamentary and Pre-Testamentary Contracts Chapter 3: Pallant v Morgan-Type Arrangements and Equity • Introduction • Pallant v Morgan -Type Arrangements and Equity • Alternative Enforcement of Pallant v Morgan –Type Arrangements by Proprietary Estoppel or Remedial Constructive Trust Chapter 4: The Enforcement of Collateral Contracts • Introduction • The Concept of a Collateral Contract • The Enforcement of Collateral Contracts • Procedural Fairness Chapter 5: Estoppel Principles • Introduction • Principle of Promissory Estoppel • Principle of Estoppel by Convention PART II SETTING ASIDE CONTRACTS Chapter 6: Doctrines of Common Mistake and Rectification • Introduction • Doctrines of Common Mistake • Rectifying Mistakes Chapter 7: The Right to Rescind • Introduction • The Right to Rescind • Damages in Lieu of Rescission • Damages for Fraudulent Misrepresentation Chapter 8: Presumptions of Undue Influence • Introduction • Presumptions of Undue Influence • Rebutting Presumptions • Laches • Duress Chapter 9: The Morris and Gilligan Criteria • Introduction • The Morris Criteria and Principle of Non Est Factum • The Gilligan Criteria and Improvident Transactions PART III: THE ENFORCEMENT OF DEBTS AND GUARANTEES BY SUMMARY JUDGMENT AND ARGUABLE DEFENCES Chapter 10: Applications for Summary Judgment for Enforcement of Debts, Guarantees and Account Taken • Introduction • Particulars of a Debt in a Summary Summons • Applications for Summary Judgment • Grounding and Replying Affidavits • Applications for Account Taken Chapter 11: Principles of Summary Judgment and Account Taken • Introduction • Principles of Summary Judgment • Principles of Account Taken Chapter 12: Arguable Defences • Introduction • Principles of Summary Judgment Applicable to Arguable Defences • The Credibility of the Defence • Issues Raised in Arguable Defences • Cross-Claims • Substantiating Issues at Plenary Hearing Chapter 13: Contracts with Banks • Introduction • Bank and Customer Relationships • A Bank’s Duty to Make Enquiries • Arguable Defences by Bank Customers • An Arguable Defence Based on the Superimposition of a Constructive Trust on a Bank’s Duty to Enquire PART IV: DISCOVERY OF DOCUMENTS, DELIVERY OF INTERROGATORIES, INJUNCTIONS AND COSTS Chapter 14: Discovery of Documents • Introduction • Rules and Affidavit of Discovery of Documents • The Clarke Principles of Discovery Chapter 15: Delivery of Interrogatories and Privileged Communications • Introduction • Delivery of Interrogatories • Privileged Communications Chapter 16: Injunctions • Introduction • Interlocutory and Mandatory Interlocutory Injunctions • Adequacy of Damages • Undertaking as to Damages • Mareva Injunctions Chapter 17: The Costs of Proceedings • Introduction • Costs of the Entire Proceedings • Principles of Costs of Entire Proceedings Chapter 18: The Costs of Interlocutory Applications • Introduction • Costs of Interlocutory Applications • Principles of Costs of Interlocutory Applications
