covenantor वाक्य
उदाहरण वाक्य
मोबाइल
- By 1651 the Scottish Covenantor Government was no longer in agreement with the English Parliament of Oliver Cromwell.
- By 1651 the Scottish Covenantor Government had become disillusioned with the English parliament and supported the royalists instead.
- In 1644, Alexander Leslie, 1st Earl of Leven, commanded Scottish Covenantor forces to victory over English Royalists at the Battle of Marston Moor in 1644.
- It followed that the covenant can be enforced against the covenantor whether or no he owned any estate in the land, and also against successors in title.
- Likewise in Scotland between areas of Covenantor and Jacobite support and current SNP / Labour trends .-- talk ) 00 : 51, 9 May 2015 ( UTC)
- A covenant is a type of contract in which the covenantor makes a promise to a covenantee to do ( affirmative covenant ) or not do some action ( negative covenant ).
- For example, a restrictive covenant to contribute to the maintenance costs of a common area will not be binding if the covenantor's successors in title have no legal right to use them.
- In his role as Secretary of State for Scotland, after the victory of Kilsyth removed the last local Covenantor army, he carried the commission to the victorious Montrose for the summoning of a free Scottish parliament.
- The rule in " Halsall v Brizell " is limited to cases where the benefit can be linked to a specific burden and where the covenantor's successors in title can physically elect to take the benefit.
- In " Halsall v Brizell " [ 1957 ] Ch 169, a covenant requiring the upkeep of roads was found to bind the successor in title to the original covenantor because he had elected to take the benefit.
- He framed the complex question of the case as : " Can a racially restrictive covenant be enforced at law by a suit for damages against a co-covenantor who allegedly broke the covenant ? " The Court decided the answer in the negative.
- This is a question of the benefit running, and ever since " The Prior's case " it has been held that the covenantor is liable because of his covenant given to the owner of the dominant tenement and not because of his relationship to any servient tenement.
- He said in his work upon Littleton that it was " to give damages to the party grieved . " If a successor in title were not allowed to sue it would mean that the covenantor could break his contract with impunity, for it is clear that the original owner, after he has parted with the land, could recover no more than nominal damages for any breach that occurred thereafter.
- It is upon this principle, implicit if not expressed ( i . ) that the courts, ever since 1368, have held that a covenant made with the owner of land for its benefit can be enforced against the covenantor, not only by the original party, but also by his successors in title . ( See " The Prior's case ", which is set out by Lord Coke in his work on Littleton, at p . 384a, and in his report of " Spencer's case " ); ( ii . ) that the Courts of Common Law in the seventeenth and eighteenth centuries repeatedly enforced promises expressly made in favour of an interested person; ( See " Dutton v Poole ", approved by Lord Mansfield in " Martyn v Hind " ); ( iii . ) that Lord Mansfield held that an undisclosed principal is entitled to sue on a contract made by his agent for his benefit, even though nothing was said about agency in the contract; ( See " Rabone v Williams " cited in " George v Clagett " ); and ( iv . ) that Lord Hardwicke decided that a third person is entitled to sue if there can be spelt out of the contract an intention by one of the parties to contract as trustee for him, even though nothing was said about any trust in the contract, and there was no trust fund to be administered . ( See " Tomlinson v Gill " .)
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