Re Nisbet and Potts' Contract
| Jurisdiction | England & Wales |
| Date | 1906 |
| Court | Court of Appeal |
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34 cases
- Tam Kam Cheong v Stephen Leong Kon Sang
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Jackson way Properties Ltd v Smith and Others
...new type of equitable interest had been created.” The decision of Re Nisbet and Potts' Contract [1905] 1 Ch. 391 at 396 and on appeal [1906] 1 Ch. 386 is cited as authority confirming that 82 . Thus, as Megarry and Wade note at para. 16–036, by virtue of the decision in Tulk v Moxhay, as ......
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Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd
...the relevant payment. As to that, it is common ground that the burden of proof is on the banks—see Re Nisbet and Potts' Contract [1906] 1 Ch 386. 95 So far as concerns this, the first of TPL's two proprietary claims, namely that based on Mr Cushnie's breach of fiduciary duties, against the......
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The Serious Fraud Office v Litigation Capital Ltd (a company incorporated in the Marshall Islands) and Others
...for value without notice to prove that they gave valuable consideration and had no notice. In In re Nisbet and Potts' Contract [1906] 1 Ch 386, 404, Lord Collins MR said: “Has the appellant, the present vendor, shewn – as the burden is upon him to shew – that, having bought this land for v......
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3 books & journal articles
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Table of Cases
...Ltd v Williams [2018] EWCA Civ 1514, [2018] 3 WLR 1105, [2018] BLR 684, [2018] Env LR 35 89–90, 203 Nisbet and Potts’ Contract, Re [1906] 1 Ch 386, 75 LJ Ch 238, [1904–07] All ER Rep 865, CA 162 Oceanic Village Ltd v United Attractions Ltd [2000] Ch 234, [2000] 2 WLR 476, [2000] 1 All ER 97......
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Assignment of Benefit
...at all times observe, perform and keep the said stipulations contained in the Second Schedule hereto. 22 Re Nisbet and Potts’ Contract [1906] 1 Ch 386. 23 [1980] 1 WLR 594 at 605. 24 ‘Unreported in the usual series of law reports but fully set out in 19 Conveyancer 262 .’ Also reported in (......
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OF PROHIBITIONS ON ASSIGNMENTS, RESTRICTIVE COVENANTS AND NEGATIVE PLEDGES IN COMMERCIAL LAW: CLOGS ON COMMERCE
...of a transaction is distinct from its nature at law.” 55 Re Nisbet & Potts Contract per Farwell J [1905] 1 Ch 391 at 398; per Romer LJ [1906] 1 Ch 386 at 403 (Court of Appeal). See, however, AP Bell, supra n 41 at 213—216, who thinks that under De Mattos an equitable interest does come into......