Principles of equity:

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Author:	Kames, Henry Home, Lord, 1696-1782.
Title:	Principles of equity:
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Print source:	Principles of equity: Kames, Henry Home, Lord, 1696-1782. Edinburgh: printed for A. Millar, London, and A. Kincaid & J. Bell, Edinburgh, 1767.
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Table of Contents

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title page

LETTER to Lord MANSFIELD.

PREFACE.

TABLE of CONTENTS.

EXPLANATION of some Scotch law terms used in this work.

ERRATUM.

PRINCIPLES OF EQUITY.

PRELIMINARY DISCOURSE; BEING, An investigation of the Moral Laws of Society.

CHAP. I. The Moral Sense.

CHAP. II. Laws of Nature that regulate our conduct in Society.

CHAP. III. Principles of Duty and of Benevolence.

CHAP. IV. Rewards and Punishments.

CHAP. V. Reparation.

CHAP. V. The Laws of Society considered with respect to their final causes.

INTRODUCTION.

PRINCIPLES OF EQUITY. BOOK I.

Powers of a Court of Equity derived from the Principle of Justice.

PART I. Powers of a court of equity to remedy the imperfections of common law with respect to pecuniary interest, by supplying what is defective, and correcting what is wrong.

CHAP. I. Powers of a court of equity to remedy what is imperfect in common law, with respect to the protecting indivi∣duals from injuries.

SECTION I. Harm done by a man in prosecuting a right or privilege.

SECT. II. Harm done by a person who has not in view to prosecute any right or pri∣vilege.

SECT. III. Undue influence employ'd for tempting or overawing persons to act knowing∣ly against their interest.

ARTICLE I. Where a man, yielding to a temptation, acts knowingly against his own interest.

ART. II. Where a man is overaw'd to act knowingly against his own interest.

SECT. IV. Fraud, deceit, or other artificial means, employ'd for making a man act un∣knowingly against his interest.

SECT. V. Reparation to which persons are intitled who are harmed in their rights or privileges.

CHAP. II. Powers of a Court of Equity to remedy what is imperfect in common law, with respect to protecting the weak of mind from harming themselves by unequal bargains and irrational deeds.

CHAP. III. Powers of a court of equity to remedy what is imperfect in common law, with respect to the natural duty of be∣nevolence.

SECT. I. Connections that make benevolence a duty when not prejudicial to our interest.

SECT. II. Connections that make benevolence a duty even against our interest.

ART. I. Connections that intitle a man to have his loss made up out of our gain.

ART. II. Connections that intitle a man who is not a loser, to partake of our gain.

ART. III. Connections that intitle one who is a loser to a recompence from one who is not a gainer.

CHAP. IV. Powers of a court of equity to remedy what is impersect in common law, with respect to deeds and covenants.

SECT. I. Where the words expressing will or consent are imperfect.

ART. I. Where the words leave us uncertain about will.

ART. II. Where the words fall short of will.

ART. III. Where the words go beyond will.

SECT. II. Operation of deeds and covenants beyond what is authorised by declared will.

SECT. III. How far defects in a deed or covenant can be supplied.

ART. I. Where essential articles are by oversight omitted.

ART. II. Where the intention is to settle a sum upon a person, less or more in different events; and the event that happens is by oversight omitted.

ART. III. Where a settlement is made in the prospect of one event only, no other being foreseen; and instead of that event another happens.

SECT. IV. A deed or covenant considered as a mean to an end.

ART. I. Where, by mistake, the means provided in the deed or covenant tend not to bring about the desired end.

ART. II. Where an unforeseen accident renders ineffectual the means pro∣vided in the deed or covenant to bring about the desired end.

ART. III. Where the means provided in the deed or covenant tend, by an unforeseen accident, to disappoint the desired end.

ART. IV. Where the deed or covenant itself is voided by an unforeseen ac∣cident, can other means be supplied for accomplishing the desired end?

ART. V. Where the means reach inadvertently beyond the desired end.

SECT. V. Where there is a failure in performance.

ART. I. Where the failure is total.

ART. II. Where the failure is partial only, not total.

SECT. VI. Indirect means used to evade performance.

SECT. VII. Repentance in what contracts permitted, and to whom.

SECT. VIII. How far a deed or covenant void at common law can be supported in equity.

SECT. IX. Whether any supervening accident can in equity void or render ineffectual a contract originally unexceptionable.

SECT. X. Where a deed or covenant is occasioned by error.

CHAP. V. Powers of a court of equity to remedy what is imperfect in common law with respect to statutes.

SECT. I. Where the will of the legislature is not justly expressed in the statute.

ART. I. Where the words are ambiguous.

ART. II. Where the words fall short of will.

ART. III. Where the words go beyond will.

SECT. II. Where the means enacted fall short of the end purposed by the legis∣lature.

SECT. III. Where the means enacted reach unwarily beyond the end purposed by the legislature.

CHAP. VI. Powers of a court of equity to remedy what is imperfect in common law with respect to transactions between debtor and creditor.

SECT. I. Injustice of common law with respect to compensation.

SECT. II. Injustice of common law with respect to indesinite payment.

SECT. III. Injustice of common law with respect to rent levied indefinitely.

CHAP. VII. Powers of a court of equity to remedy what is imperfect in common law with respect to legal execution.

SECT. I. Where the common law is defective.

ART. I. Subjects that cannot be attached by the executions of common law.

ART. II. Circumstances where even common subjects are withdrawn from these executions.

ART. III. These executions are in some cases imperfect.

ART. IV. They serve only to make debts effectual, and give no aid to o∣ther claims.

SECT. II. Where the common law with respect to execution is oppressive or unjust.

APPENDIX to Chap. VII.

CHAP. VIII. Power of a court of equity to inflict punishment, and to mitigate it.

PART II. Powers of a court of equity to remedy the imperfection of common law with respect to matters of justice that are not pecuniary.

BOOK II.

Powers of a court of equity founded on the prin∣ciple of utility.

CHAP. I. Acts contra bonos mores repressed.

CHAP. II. Acts and covenants in themselves innocent, prohibited in equity, because of their tendency to hurt society.

CHAP. III. Certain claims in themselves just, and therefore authorised by common law, rendered ineffectual by equity because of their bad tendency.

CHAP. IV. Forms of the common law dispensed with in order to abridge law-suits.

CHAP. V. Bona fide payment.

CHAP. VI. Interposition of a court of equity in favour even of a single person to prevent mischief.

CHAP. VII. Statutes preventive of wrong or mischief extended by a court of equity.

CONCLUSION of BOOK II.

BOOK III.

CHAP. I. What equity rules with respect to rents levied upon an er∣roneous title of property.

CHAP. II. Powers of a court of equity with respect to a conventional penalty.

CHAP. III. What effect, with respect to heirs, has the death of the obligee or legatee before or after the term of payment?

CHAP. IV. Arrestment and process of forthcoming.

CHAP. V. Powers of a court of equity with relation to bankrupts.

CHAP. VI. Powers and Faculties.

CHAP. VII. Of the power which officers of the law have to act ex∣tra territorium.

CHAP. VIII. Jurisdiction of the court of session with respect to foreign matters.

SECT. I. Actions strictly personal founded on foreign covenants, deeds, or facts.

SECT. II. Foreign covenants and deeds respecting land.

SECT. III. Foreign covenants and deeds respecting moveables.

SECT. IV. Foreign covenants and deeds respecting debts.

SECT. V. Foreign evidence.

SECT. VI. What effect is given to foreign statutes and decrees.

NOTANDUM BENE.

INDEX.

PRINCIPLES founded on in this work.

DECISIONS of the Court of Session quoted in this work.