After the disclaimer of a lease1, a landlord may prove for the loss or damage which he has sustained in consequence of the operation of the disclaimer, which is normally measured by reference to the difference between the rent and other payments which the landlord would have received in future but for the disclaimer and the rents and other payments which the disclaimer will enable him to receive by reletting2.
The assignor of a lease holding a covenant of indemnity from the assignee may, on the assignee's bankruptcy, prove for a portion of the rent until the premises can be
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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