LAWS3113 Study Guide - Final Guide: Revenue Commissioners, Conway Hall Ethical Society, Takers
Document Summary
Equitable interests in property: legal or equitable right? (yanner v eaton) A legal right is a right enforceable against the whole world. An equitable right is a right enforceable against the transferor of the interests: equitable right (a) equitable property right: An interest which is recognised by a court as having equitable jurisdiction (equitable mortgage, proprietary interest, partnership agreement, beneficiary in a trust) (b) mere equity: A right to rescission or restitution relating to property obtained through unconscionable conduct phillips v phillips. Mere equities are less durable, thus will generally be denied priority . Equity recognises interests in property regardless of whether they comply with strict common law form requirements (as equity looks to substance over form) walsh v lonsdale (b) implication. The existence of a particular set of facts may give rise to an equitable interest, as opposed to the intention expressed in written agreements .
