Judgment
Held, damages were awarded.
 | This section needs expansion. You can help by adding to it. (February 2015) |
| Shepton v Dogge | |
|---|---|
| Citation | (1442) B&M 390 |
| Keywords | |
| Contract, remedies | |
Shepton v Dogge (1442) B&M 390 [1] is an old English contract law case, concerning the action for debt, and exemplifying the manner in which litigants had to make claims in deceit, or other forms of action that were recognised by the primitive legal system.
The defendant agreed, in London, to sell and convey land outside London to the plaintiff. She took the money, but then conveyed the land to a third party. The plaintiff sued in deceit. Had the land been inside the city, the action could have been brought in city courts by London’s custom. This would have meant actions in covenant did not require documents under a seal. The normal remedy would be specific performance. Moreover, if one had put it out of their power to perform, they would be imprisoned until they could repay.
Held, damages were awarded.
| | This section needs expansion. You can help by adding to it. (February 2015) |
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In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.
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Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law is most appropriate to resolve the action. In the United States, the rules governing these matters have diverged from the traditional rules applied internationally. The outcome of this process may require a court in one jurisdiction to apply the law of a different jurisdiction.
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Gordon v Selico (1986) 18 H.L.R. 219 is an English contract law on the subject of misrepresentation by action. It was held that positive actions - in this case, the concealment of dry rot - could amount to operative misrepresentations.
City of London Building Society v Flegg[1987] UKHL 6 is an English land law case decided in the House of Lords on the relationship between potential overriding interests and the concept of overreaching.
Slade's Case was a case in English contract law that ran from 1596 to 1602. Under the medieval common law, claims seeking the repayment of a debt or other matters could only be pursued through a writ of debt in the Court of Common Pleas, a problematic and archaic process. By 1558 the lawyers had succeeded in creating another method, enforced by the Court of King's Bench, through the action of assumpsit, which was technically for deceit. The legal fiction used was that by failing to pay after promising to do so, a defendant had committed deceit, and was liable to the plaintiff. The conservative Common Pleas, through the appellate court the Court of Exchequer Chamber, began to overrule decisions made by the King's Bench on assumpsit, causing friction between the courts.
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Taltarum's Case is the name given to an English legal case heard in the Court of Common Pleas, with decisions being handed down in 1465 and 1472. The case was long thought to have established the operation of the common recovery, a collusive legal procedure that was, until finally abolished in 1833, an important element of English law of real property. By means of a complex legal fiction, a recovery converted a freehold or copyhold property held in fee tail, which could not be freely sold or disposed of, into an estate in fee simple, which could be disposed without restriction.