Principle Archive

Neither the Judge nor the parties are permitted to go outside the pleading relied upon by the parties. In a negligence action, a plaintiff must plead…

An appellate court should be wary to set aside trial court findings where the trial court saw and heard witnesses. But where the trial court failed…

An indispensable condition for conduct being admissible in estoppel is that it must be performed with knowledge of the material facts. Conduct without inquiry or knowledge…

If a man by words or conduct wilfully causes another to believe in a false state of facts, and the second believes and acts upon it,…

Where property is conveyed in the name of someone other than the purchaser, a resulting trust arises. This does not arise where the relationship raises a…

Subsequent declarations and acts by the father are inadmissible in evidence to rebut the presumption of advancement. Similar dealings or the course of business practice that…

Both the presumption of resulting trust and presumption of advancement can be rebutted by evidence of the actual intention of the purchaser. The court considers all…

Acts and declarations of parties before or so immediately after as to constitute part of the transaction are admissible for or against the party. Subsequent declarations…

Where property is conveyed in the name of someone other than the purchaser, a resulting trust arises. This does not arise where the relationship raises a…

Since the presumption of advancement enures in favour of the child, the father lacks legal capacity to sell the property in dispute to a third party.…

Mesne profit is only another form for damages.

Pleadings determine the way an action will succeed or fail. Being the threshold that determines the facts, it makes for justice and fair play for their…