LAWS3113 Study Guide - Final Guide: Inherent Jurisdiction, Air Jamaica, Settlor
Document Summary
Definition highest form of equitable interest, automatically have a property right. Application : livingstone v commission for stamp duties. During the process of administration of an estate, beneficiaries, do not have a proprietary interest in the assets of the estate. Definition : an equity to set aside some transaction on the grounds of unconscionable conduct, or to set aside a wrongful sale by a mortgagee. C onfers no rights on the holder other than a right to appl y to a court exercising equitable jurisdiction for some remedy which, if granted, will give the claimant certain rights over property. The right to seek equitable relief to set aside a transfer relating to property obtained thr ough unconscionable beh aviour. Definition rights exercisable only by a particular person. E. g, the right to rescind a contract for innocent misrepresentation is only available to the party to whom the original misrepresentation was made gross v lewis.
