The jurisdiction to relieve against forfeiture in a commercial transaction

Aitken, Lee (2010) The jurisdiction to relieve against forfeiture in a commercial transaction. Australian Bar Review, 33 110-118.

Author Aitken, Lee
Title The jurisdiction to relieve against forfeiture in a commercial transaction
Journal name Australian Bar Review
ISSN 0814-8589
Publication date 2010
Sub-type Article (original research)
Open Access Status
Volume 33
Start page 110
End page 118
Total pages 9
Place of publication Chatswood, NSW, Australia
Publisher LexisNexis Butterworths
Language eng
Subject C1
180105 Commercial and Contract Law
Abstract Equity’s ability to relieve against forfeiture of interests in real property is well-established. More uncertain is the jurisdiction to intervene in favour of a lessee of a valuable chattel (for example, an aircraft) who defaults. In the latter case, the authorities draw a distinction between a ‘finance’ lease, and an ‘operating’ lease. Similar questions can arise with respect to securitised loan obligations. This article examines the general principles, and recent examples in both fields.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
 
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Created: Mon, 24 Feb 2014, 13:24:14 EST by Carmen Buttery on behalf of T.C. Beirne School of Law