Constitution and Formalities

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  • Created by: Lara
  • Created on: 09-04-19 14:29
Milroy v Lord 1862
"Equity will not perfect an imperfect gift"
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Jones v Lock 1865
"Equity will not assist a volnteer" "Equity will not treat a failed gift as a declaration of trust"
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Ross v Caunters 1980
Beneficiary cannot be a witness
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Carr-Glyn v Freersons 1997
If a gift is jointly owned, passes by survivorship
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Re Fry 1946
stocks- legal title passes after registration of transfer form
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Grey v IRC 1960
Subsisting equitable interests must be in writing snd signed to avoid fraud under s.53 1 (c)
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Vandervell v IRC 1960
Oral declaration can be valid for subsisting equitable interests if both legal and equitable title is passed on
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Neville v Wilson 1997
Specifically enforcable contracts do not need to comply with s.53 1 (c) as it is a constructive trust
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Paul Constance 1977
Declaration of trust; clear words of intention can suffice for chattles- 'whats mine is yours'
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Hodgson v Marks 1971
Declaration of trust; an implied trust can be oral
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Re Rose 1952 & Mascall v Mascall 1984
Exception in equity- 'every best effort rule'
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T Choithram Int SA v Pagarani 2001
Settlor who is one of a number of trustees declares a trust, equity treats it as if vested in all trustees
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Pennington v Waine 2002
unconscionable to recall a gift being an exception in equity
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Zeital v Kaye 2010
CoA went back to rule in Re Rose and said Pennington is only for that specific situation
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Strong v Bird 1874
When B becomes legal owner by becoming an executor, the legal title perfects the imperfect gift
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Cain vv Moon 1896
Deathbed gifts are an exception in equity
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Wilkes v Allington 1931
the cause of death does not have to be as expected for a deathbed gift
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Sen v Headley 1991
deathbed giftfs must be something that can be transferred by will
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Pascoe v Turner 1979
proprietary estoppel is an exception in equity- detrimental reliance
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Other cards in this set

Card 2

Front

"Equity will not assist a volnteer" "Equity will not treat a failed gift as a declaration of trust"

Back

Jones v Lock 1865

Card 3

Front

Beneficiary cannot be a witness

Back

Preview of the back of card 3

Card 4

Front

If a gift is jointly owned, passes by survivorship

Back

Preview of the back of card 4

Card 5

Front

stocks- legal title passes after registration of transfer form

Back

Preview of the back of card 5
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