Wednesday, November 6, 2013

Prevention of fraud or improper conduct

Jones v. Lipman

Lipman agreed to sell a certain land to Jones. He subsequently changed his mind and to avoid the specific performance of the contract, he sold it to a company which was formed specifically for this purpose. The company had Lipman and a clerk of his solicitors as the only members. Jones brought an action for the specific performance against Lipman and the company.

The court looked to the reality of the situation, ignored the transfer, and ordered that the company should convey the land to Jones.

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