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The rule in Dearle v Hall (1828) 3 Russ 1 is an English common law rule to determine priority between competing equitable claims to the same asset. The rule broadly provides that where the equitable owner of an asset purports to dispose of his equitable interest on two or more occasions, and the equities are equal between claimants, the claimant who first notifies the trustee or legal owner of ...
The most important limitation relating to equitable remedies is that an equitable remedy will not lie against a bona fide purchaser for value without notice. Damages can also be awarded in "equity" as opposed to "at law", [ 13 ] and in some legal systems, by historical accident, interest on damages can be awarded on a compound basis only on ...
The Restatement (Third) of Restitution and Unjust Enrichment (2011) (“R3RUE”) states that unjust enrichment is a body of legal obligations under the common law and equity – but separate from tort and contract law – that is available to take away an enrichment that lacks an adequate legal basis. A claim of restitution for unjust ...
In law, an equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". [1]
For equitable tracing to be valid, several things must be demonstrated. First, the equitable title must exist; it can be brought into existence by the courts, such as in Constructive trusts. [15] Secondly, there must be some kind of fiduciary relationship between the claimant and the defendant. If the property was transferred through breach of ...
Not all these defences are available to all restitutionary claims. The availability of a defence may turn on: whether a restitutionary claim is legal or equitable; whether a claim is for a personal or proprietary remedy; and whether the claim is brought under national or EU law.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Prior to the introduction of the Judicature systems, the enforcement of equitable claims could only occur in a Court of Chancery who held the power to grant relief, and not by the common law. [30] Equating to new rights, exclusive jurisdiction provided relief against breaches of legal privileges which were not preserved by equity within the ...