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单词 privity of estate
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privity of estate
a. A relation between two parties that is recognized by law as a consequence of their mutual participation or interest in a transaction, covenant, tenure, lease, service, etc. Frequently in privity of estate. Formerly also used of a blood relationship.
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society > law > legal concepts > [noun] > interest > mutual or joint
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privity1523
1523 J. Fitzherbert Bk. Surueyeng xii. f. 25 Bytwene the lorde and hym that dyed, there was no maner of priuyte of bargayn or couynaunt.
1528–30 tr. T. Littleton Tenures (new ed.) f. xliiiv That reles shalbe voyde for this yt than no pryuyte was bytwene me & the tenaunt for terme of yeres.
1530 St. German's Secunde Dyaloge Doctour & Student xlv. f. cxix Thoughe the lawe for the pryuyty of blode that ys bytwene theym suffre hym to haue a dysaduauntage.
1582 G. Whetstone Heptameron Ciuill Disc. vii. sig. X.ijv The loue we beare vnto our Parents, is..reuerent..Unto our Bretherne, naturall, because of the priuitie in blood.
1670 T. Blount Νομο-λεξικον: Law-dict. (at cited word) If there be a Lord and Tenant, and the Tenant holds of the Lord by certain services, there is a privity between them in respect of the tenure.
1702 Law Executors & Administrators vi. 57 The Executor of J.S. shall be Executor to the first Testator, and shall bring Action for Arrears of Annuity due to the first Testator, for there is privity between him and the first Testator.
1766 W. Blackstone Comm. Laws Eng. II. xx. 325 In both these cases there must be a privity of estate between the relessor and relessee.
1805 W. Cruise Digest Laws Eng. Real Prop. V. 135 The privity must be both in blood and estate, for privity in blood only will not be sufficient [to make a fine bar an estate tail].
1844 J. Williams Princ. Law Real Property iv. i. 393 Between him [sc. the lessor] and the underlessee, no privity is said to exist.
1924 Times 23 Feb. 4/2 The drawer had no cause of action because..there was no promise by the bankers, and no privity between them.
1966 R. E. Megarry & H. W. R. Wade Law of Real Property 725 If there is privity of estate, but not privity of contract, only covenants which touch and concern the land are enforceable.
1983 B. A. K. Rider Insider Trading 3 In the vast majority of stock exchange transactions the notion of privity between the buyer and seller is a legal fiction.
2005 Florida Bar Jrnl. (Nexis) 1 Dec. 50 Implied warranties are generally not enforceable if there is no privity between the claimant and the manufacturer.
extracted from privityn.
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