CATCHING BARGAIN
\kˈat͡ʃɪŋ bˈɑːɡɪn], \kˈatʃɪŋ bˈɑːɡɪn], \k_ˈa_tʃ_ɪ_ŋ b_ˈɑː_ɡ_ɪ_n]\
Sort: Oldest first
-
Contracts, fraud. An agreement made with an heir expectant, for the purchase of his expectancy, at an inadequate price.
-
In such case, the heir is, in general, entitled to relief in equity, and way have the contract rescinded upon terms of redemption. 1 Vern. 167; 2 Cox, 80; 2 Cli. Ca. 136; 2 Vern., 121; 2 Freem. 111; 2 Vent. 329; 2 Rep. in Ch. 396; 1 P.Wms. 312; 3 PWms. 290, 293, n.; 1Cro. C. C. 7; 2 Atk. 133; 2 Swanst. 147, and the cases cited in the note; 1 Fonb.140 1 Supp. to Ves. Jr. 66 Id. 361 1 Vern. 320, n. It has been said that all persons dealing for a reversionary interest are subject to this rule, but it may be doubted whether the course of decisions authorizes so extensive a conclusion and whether, in order to constitute a title to relief, the reversioner must not combine the character of heir. 2 Swanst. 148, n. Vide 1 Ch. Pr. 112, 113, n., 458, 826, 838, 839. A mere hard bargain is not sufficient ground for relief.
-
The French law is in unison with these principles. An agreement, which has for its object the succession of aman yet alive, is generally void.Merl. Rep. mots Succession Future. Vide also Dig. 14,6, and Lesion.
By John Bouvier
Word of the day
dust storm
- a windstorm that lifts up clouds of dust or sand a windstorm that lifts up clouds dust or sand; "it was the kind of duster not experienced in years"