If the mortgagor makes an unconditional tender of a sum sufficient to cover the amount secured by the mortgage, at a time when he is entitled to pay off the mortgage1, and the mortgagee refuses to accept it, the mortgagee must pay the costs of a redemption claim thus made necessary2. If he fails on part of his case, he may be disallowed costs of that part3. In order to throw the costs on the mortgagee, the mortgagor must make an actual tender4, notwithstanding that there is a dispute on a question of law5
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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