Constitution Flashcards
Strong v Bird
Clear intention to make inter vivos gift
Present intention to give
Intention continues until death
Intended transferee obtains legal ownership by appointment as executor.
Transfer can be perfected if property vests in transferee in another capacity
Re Rose
Transferor had done all in his power to make the transfer and only fault is 3rd party inaction then equity will perfect the transfer
Re Fry
Transfer or had not done all that was required of him - equity would not perfect transfer
Mascall v Mascall
Courts will perfect transfer when transferor can no longer change his mind - gone too far
Pennington v Waine
Shares transferred to nephew and all parties acted as if he had the shares.
Where there has been: a promise to transfer, transferee then acts as if property has been transferred, it is unconscionable to deny transferee property
Richards v Delbridge
Failure to complete necessary legal requirements means transfer fails
Milroy v Lord
3 ways to benefit another with property - outright gift, 3rd party, declaration of self.
Where transfer failed because transferor failed to do all he could, court would not complete the action
Cain v Moon
DMC - transfer in:
Contemplation of imminent death
Conditional on death
On delivery
Choithram v Pagarani
Mr P intended to make the immediate gift to foundation. Court will not perfect an imperfect gift but it will not officiously strive to defeat it
Thorner v Major
Peter and David MAN OF FEW WORDS
Acted as if farm was David’s
Estate was estopped from denying this
Yeoman’s Row v Cobbe
Gentleman’s agreement
Not a valid contract therefore no basis for estoppel
Gillett v Holt
Estoppel
Clear promise by transferor followed by transferee, inequitable to go back on the promise
