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Equity + Trusts > Cases > Flashcards

Cases Flashcards

1
Q

Miller v Jackson

A

Cricket club

Negligence (Injunction)

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2
Q

Saunders v Vautier

A

Collapsing a trust

  • absolutely entitled
  • over 18
  • of sound mind
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3
Q

Curtis v Luken

A

Collapsing a trust with multiple beneficiaries

  • sound mind
  • abs entitled
  • over 18
  • all agree
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4
Q

Re Smith

A 
A discretionary trust can be 'Saunders v Vautier'ed if
there is a closed beneficiary group
all abs entitled
sound mind
(Versus what?)
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5
Q

Sainsbury v IRC

A

potential beneficiaries have no propriety interest unless selected by the trustee
(Versus what?)

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6
Q

Paul v Constance

A

Certainty of intention

marriage - bank account

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7
Q

Palmer v Simmonds

A

Certainty of subject matter
- trust property itself
‘bulk of residue estate’
Harrison took absolutely

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8
Q

Re Golay’s WT

A

Certainty of subject matter
- trust property itself
‘reasonable income’
(contrast with ?)

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9
Q

Re London Wine

A

Tangible property

Not subject to trust

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10
Q

Hunter v Moss

A

Shares
Intangible
Subject to trust

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11
Q

Re Baden’s DT

A

Certainty of objects

‘Relatives’

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12
Q

Re Barlow’s WT

A

Certainty of objects

‘friends’

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13
Q

R v District Auditor ex p West Yorks MCC

A

Certainties of object

Administrative unworkability

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14
Q

Boyce v Boyce

A

Beneficial entitlements
Sister picks, others goes to younger sister
No trust

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15
Q

Knight v Knight

A

3 Certainties

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16
Q

Re Adams and Kensington Vestry

A

Certainty of intention
‘in full confidence’
No trust

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17
Q

Comiskey v Bowring Hanbury

A

Certainty of intention
‘in full confidence’
Is a trust

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18
Q

Re Kayford

A

Certainty of Intention
No need for words
Mail order - segregated bank accounts

19
Q

Re Goldcorp Exchange Ltd

A

Certainty of subject matter
Gold bullion
No trust

20
Q

RC v Broadway Cottages

A

Certainty of Objects

Couldn’t identify entire list so it failed

21
Q

McPhail v Doulton

A

Certainty of object

Is or is not test

22
Q

Hodgson v Marks

A

Formalities
Exception to S53 1b LPA 1925
- s53(2) LPA 1925
Implied trust was created

23
Q

Grey v IRC

A

Formalities
6 grandchildren
The House of Lords held that there was no transfer of the equitable interest when the oral declaration was made (due to non-compliance with s53(1)(C)), but the disposition of Hunter’s interest in the shares was effective when the later declaration was made in writing (so stamp duty was payable)

24
Q

Vanderwell v IRC

A

Formalities
Impliedly uses his Saunders v Vautier powers
Does not need to comply w 531c (in writing)

25
Q

Neville v Wilson

A

Formalities
Court of Appeal held that an equitable interest in private company shares could pass by virtue of a contractual constructive trust
arising on a specifically enforceable agreement.
Subject to specific performance
Implied trust (53 s2)
Wouldn’t then matter that agreement was oral because s53(2) would apply.

26
Q

Nelson v Greening & Sykes

A

Formalities
Sub trust
No 53 1c

27
Q

Re Paradise Motor Co Ltd

A

Formalities
Disclaiming
Not subject to 53 1c

28
Q

Milroy v Lord

A

3 ways to transfer property
- gift (c), Transfer on Trust (c), self dec (no c)
Equity will NOT imperfect an imperfect gift

29
Q

Jones v Lock

A

Application of Milroy v Lord

- Equity does not assist a volunteer

30
Q

Richard v Delbridge

A

Application of Milroy v Lord

- Court…not at liberty to construe words otherwise than according to peoper meaning

31
Q

Re Rose

A

Exception to Milroy v Lord!
Equitable title was moved

RULES

  • correct method of transfer must be used
  • Transferor must do everything within their power to effect the transfer
  • documentation must end up in the hands of the institution effecting the legal title transfer
32
Q

Mascall v Mascall

A

Extension of Re Rose
‘softens’ second requirement
- transfer must be irrevocable by transferor
Compare to Re Fry

33
Q

Pennington v Waine

A

Aunt - newphew - shares
Technically not revocable
Court decides this is unconscionable
(look at this as estoppel!)

34
Q

T Choithram Int SA v Pagarani

A

PC treats transfer on trust as self declaration
C unnecessary
Unsconsionable to have gone back

35
Q

Strong v Bird

A

Fortuitous vesting
Stepson - stepmum - debt - makes him the executor
RULES
- immediate intention to make a gift
- continuing intention to make a gift
- recipient must be made the personal representative

36
Q

Re Freeland

A

Immediate intention to make a gift

Car

37
Q

Re Gonin

A

Nothing to indicate the donor has changed their mind

38
Q

Re Ralli’s WT

A

Extension of Strong v Bird
Suggested a trust becomes constituted if the trust property came into the trustee’s hands in any legit way
(ignores what case?)

39
Q

Re Brooks

A

Ring fenced nature of trusts

Contrast with what case?

40
Q

Cain v Moon

A 
Donationes Mortis Causa
RULES
- contemplation of imminent death
- Gift must be conditional upon death
- Actual / construtive delivery of the property through the passion of dominion
41
Q

King v Dubrey

A

Application of Cain v Moon
- imminent death
NOT philosophical

42
Q

Woodard v Woodard

A

Application of Cain v Moon

Delivery of the property

43
Q

Sen v Headley

A

Application of Cain v Moon

Deeds in steel box, keys to box slipped into bag

44
Q

Thorner v Major

A

Proprietary estoppel

  • promise / assurance
  • detrimental reliance
  • flexible remedy

(farm case)

Equity + Trusts (3 decks)

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