WHAT WERE LORD WESTBURY'S INTENTIONS IN PHILLIPS V PHILLIPS? BONA FIDE PURCHASE OF AN EQUITABLE INTEREST
نویسندگان
چکیده
Abstract In Phillips v , Lord Westbury stated that, against a bona fide purchaser faced with an “equity” to rescind, “the Court will not interfere”. This has been interpreted mean that purchasers of even equitable interest shall take free prior equities. Yet the distinction between “equities” and interests been, remains, uncertain; some have therefore questioned intent behind Phillips. paper elucidate Westbury's intentions within their historical context argues offers coherent, functional explanation both: (1) protection given equity's darling; (2) how was effected.
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ژورنال
عنوان ژورنال: Cambridge Law Journal
سال: 2021
ISSN: ['0008-1973', '1469-2139']
DOI: https://doi.org/10.1017/s0008197320000859