Constitution

Question 1

What is constitution?

Answer 1

he transfer of legla title from one legal party to another

Question 2

What were the 3 methods of conferring a benefit on another set out in Milroy v Lord?

Answer 2

Gift
Transfer on trust
Self-declaration of trust

Question 3

Is a declaration of a trust constitution?

Answer 3

No as no transfer of legal title only transfer of equitable title

Question 4

What are the 5 main types of property?

Answer 4

Chattels
Shares
Copyright
Bank Account
Land

Question 5

How do you transfer chattels?

Answer 5

Intention and delivery (can be executed by deed)

Question 6

How do you transfer shares?

Answer 6

Private companies S1 Stock Transfer Act 1963 - Stock transfer form with share certificates sent to company. Registrar then registers new owner of shares. The articles of a company may allow the company to reserve the right to register a party as a owner of share

Question 7

How do you transfer copyright?

Answer 7

s90(3), Copyright Designs and Patent Act 1988

Question 8

How do you transfer bank account?

Answer 8

Form of debt, bank owes you debt as to balance of your account . |A bank account therefore is a debt so is a chose in action s136 LPA 1925.

Question 9

How do you transfer land?

Answer 9

S52 LPA 1925 must use deed

A deed must comply with s1 LP(MP)A 1989

Question 10

Failure to constitute a trust is linked with 3 equitable maxims, what are they?

Answer 10

Equity will not assist a volunteer
Equity will not perfect an imperfect gift
Equity will not treat as a self delcaration

Question 11

What are the 6 exceptions where equity will assist a volunteer?

Answer 11

Rule in Re Rose
Rule in Strong v Bird
Donatio Mortis Causa
Proprietary Estoppel
Choithram v Pagarani
Pennington v Waine

Question 12

What are the facts and rule in Re Rose?

Answer 12

Gift of shares, stock transfer form sent, but died before new owner had been registered, no mention of shares in will
Rule; Where the correct method has been used and the transferee has done everything they can to transfer the property, and the matter has been put beyond the transferee’s control equity will perfect the gift.

Question 13

Mascall v Mascall

Answer 13

Transfer beyond control. Gift of bungalow to son. Executed deed and gave certificate to son. Matter was beyond control, even though legal owner not registered, equity sees as properly constituted. Equity perfects an imperfect gift.

Question 14

What is the rule in Strong v Bird?

Answer 14

Where there is intention to transfer the property but it is not delivered in lifetime. However the intended recipient of the transfer is the executor of the estate. This sees the property as properly constituted
Requirements;
Intended as immediate gift
Intention remains unchanged until death
Donee acquires legal title as executor of gift

Question 15

In what case was the rule in Strong v Bird extended to gifts?

Answer 15

Re Stewart

Question 16

In what case was the rule in Strong v Bird extended to administrators?

Answer 16

Re James

Question 17

In what case was the rule in Strong v Bird extended to trusts?

Answer 17

Re Ralli

Question 18

What are the requirements for a death-bed gift (Donatio Mortis Causa)?

Answer 18

Contemplation of imminent death
Not possibility of death
Conditional upon death (revoked by sudden recovery)
Actual or constructive delivery
Land can be DMC (Sen v Headley)

Question 19

What is proprietary Estoppel? What is necessary for proprietary Estoppel?

Answer 19

Where a promise is made to transfer land but is made incorrectly. Equity will perfect this gift.
Requirements;
-Promise or assurance of property
-Detrimental reliance
-Flexible remedy

Question 20

What is the authority for proprietary estoppel?

Answer 20

Thorner v Major

Question 21

Choithram v Pagarani

Answer 21

Extremely wealthy man, set up charitable trust with 9 trustees, legitimately declared trust bu had no trust property. Gave welath to foundation as DMC. Interpreted as gift on trust. It would be unconscionable to not allow gift, therefore suggested more flexible approach of equity to constitution.

Question 22

Pennington v Waine

Answer 22

Incomplete constitution on death
Documentation with agent
Unconscionable to deny gift

Question 23

What factors set out in pennington v waine dictate unconscionability of denial of a gift?

Answer 23

Gift freely given
Told donee of gift
Signed transfer form
Delivered to agent for registration
Agent informed to do nothing
Donee became director

Question 24

What is the case for the exception of ‘everything in power’?

Answer 24

Re Rose

Question 25

What is the case for the exceptino of Gift to executor?

Answer 25

Strong v Bird

Question 26

What is the case for the exception of death bed gifts?

Answer 26

Sen v Headley

Question 27

What is the case for the exception of proprietary estoppel?

Answer 27

Torner v major

Question 28

What are the cases for the exception of unconsionability?

Answer 28

Choithram v Pagarani and Pennington v Waine