Year: 1965
Type: article
Abstract: 6 Harris v. Pepperell (1867) L.R. 6 Eq. 1.But distinguish Paget v. Marshall (1884) 28 Ch.D. 255, as regards which see further at note 23 below.7 I n the case of gifts and settlements rectification will naturally operate without any option to the other side.Not, as is sometimes thought, because there is here some anomaly or because there is a fundamental difference between situations of purchase and gift; but, rather more simply, because the donee in a gift, or beneficiary in a settlement, does not require the option since he himself is under no reciprocal liability and, in any case, can always repudiate the gift.8
Source: Modern Law Review
Author: Samuel Stoljar
Institution: Australian National University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W1998092604