| 词条 | Ex p James |
| 释义 |
| name = Ex parte James | court = Court of Chancery | image = | date decided = 9 April 1803 | full name = Ex parte James or Re James | citations = (1803) 32 ER 385, (1803) 8 Ves 337 | judges = Lord Eldon LC | prior actions = | subsequent actions = | opinions = | transcripts = | keywords = Conflict of interest }} Ex parte James (1803) 32 ER 385 is an insolvency and company law case, concerning conflicts of interest, and the absolute duty to avoid them. FactsA bankrupt's estate was purchased by a solicitor to the commission of the bankrupt. {{Expand section|date=April 2010}}JudgmentLord Eldon LC stated the following in his judgment. {{Cquote|This doctrine as to purchases by trustees, assignees, and persons having a confidential character, stands much more upon general principle than upon the circumstances of any individual case. It rests upon this, that the purchase is not permitted in any case, however honest the circumstances, the general interests of justice requiring it to be destroyed in every instance; as no court is equal to the examination and ascertainment of the truth in much the greater number of cases.}}{{Expand section|date=April 2010}}See also
NotesReferences
External links{{UK-law-stub}} 6 : United Kingdom company case law|United Kingdom insolvency case law|English trusts case law|Court of Chancery cases|1803 in British law|1803 in case law |
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