The Defence of Bona Fide Purchase
This chapter examines the defence of bona fide purchase. This defence is not generally available to all restitutionary claims, but rather is available to defeat those claims which are based on the claimant's legal or equitable property rights, in other words proprietary restitutionary claims. The defence is not available where the claim is founded on the reversal of the defendant's unjust enrichment, or where the claim is founded on the commission of a wrong, except where the wrong involves the claimant proving that the defendant had interfered with property in which the claimant has a proprietary interest. The chapter discusses the function of the defence, ambit of the defence (common law, equity, and rescission), conditions for establishing the defence (good faith and purchase for value), and operation of the defence.
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