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When equitable rights are in conflict, the first in time prevails when:a.The second has notice of the first;b.Always unless there is postponing behaviour such as misrepresentation;c.The first is acquired for value.d.The first has notice of the second;

Question

When equitable rights are in conflict, the first in time prevails when:a.The second has notice of the first;b.Always unless there is postponing behaviour such as misrepresentation;c.The first is acquired for value.d.The first has notice of the second;

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Solution

The correct answer is:

b. Always unless there is postponing behaviour such as misrepresentation.

Step-by-step explanation:

  1. The principle in question is about the priority of equitable rights when they are in conflict.
  2. The general rule is that the first equitable right in time prevails.
  3. However, this rule has an exception: if there is postponing behavior such as misrepresentation, the first in time may not prevail.
  4. Therefore, the answer is that the first in time prevails always unless there is postponing behavior such as misrepresentation.

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