Constitution Flashcards
What is constitution?
he transfer of legla title from one legal party to another
What were the 3 methods of conferring a benefit on another set out in Milroy v Lord?
Gift
Transfer on trust
Self-declaration of trust
Is a declaration of a trust constitution?
No as no transfer of legal title only transfer of equitable title
What are the 5 main types of property?
Chattels Shares Copyright Bank Account Land
How do you transfer chattels?
Intention and delivery (can be executed by deed)
How do you transfer shares?
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
How do you transfer copyright?
s90(3), Copyright Designs and Patent Act 1988
How do you transfer bank account?
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.
How do you transfer land?
S52 LPA 1925 must use deed
A deed must comply with s1 LP(MP)A 1989
Failure to constitute a trust is linked with 3 equitable maxims, what are they?
Equity will not assist a volunteer
Equity will not perfect an imperfect gift
Equity will not treat as a self delcaration
What are the 6 exceptions where equity will assist a volunteer?
Rule in Re Rose Rule in Strong v Bird Donatio Mortis Causa Proprietary Estoppel Choithram v Pagarani Pennington v Waine
What are the facts and rule in Re Rose?
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.
Mascall v Mascall
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.
What is the rule in Strong v Bird?
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
In what case was the rule in Strong v Bird extended to gifts?
Re Stewart
In what case was the rule in Strong v Bird extended to administrators?
Re James
In what case was the rule in Strong v Bird extended to trusts?
Re Ralli
What are the requirements for a death-bed gift (Donatio Mortis Causa)?
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)
What is proprietary Estoppel? What is necessary for proprietary Estoppel?
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
What is the authority for proprietary estoppel?
Thorner v Major
Choithram v Pagarani
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.
Pennington v Waine
Incomplete constitution on death
Documentation with agent
Unconscionable to deny gift
What factors set out in pennington v waine dictate unconscionability of denial of a gift?
Gift freely given Told donee of gift Signed transfer form Delivered to agent for registration Agent informed to do nothing Donee became director
What is the case for the exception of ‘everything in power’?
Re Rose
What is the case for the exceptino of Gift to executor?
Strong v Bird
What is the case for the exception of death bed gifts?
Sen v Headley
What is the case for the exception of proprietary estoppel?
Torner v major
What are the cases for the exception of unconsionability?
Choithram v Pagarani and Pennington v Waine
