If property passes as a result of fraud, the innocent party has the option to rescind the transaction, and revest title in himself1. For chattels this was so both at law and in equity; in such a case, the legal title revests without the assistance of the court2, and the innocent party kept out of possession can thereafter maintain an action for unlawful interference with goods3. In the case of other property, such as money, rescission creates an equitable interest in favour of the innocent party, from which it follows that the latter may be able to follow that
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
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