Constitution

Question 1

Cain v Moon

Answer 1

For a valid DMC there should be three elements – a transfer:

1. in contemplation of imminent death;
2. conditional on death;
3. on delivery.

Question 2

Gillett v Holt

Answer 2

C worked from age 16 for promise of farm. Where there was a clear, unequivocal promise, express or by acquiescence, made by the transferor, and this was followed by reliance by the transferee, which meant it was inequitable to allow the transferor to go back on the promise, the court would carry out the minimum equity to do justice. The facts had created an estoppel for the claimant, which in proprietary estoppel can found a cause of action (ie used a sword).

Question 3

Jones v Lock

Answer 3

Father made promise of check to son. The transfer as a gift had failed as it required endorsement and the court would not create a trust out of an imperfect gift.

Question 4

Milroy v Lord

Answer 4

Failed to transfer land successfully. Where the transfer had failed because the transferor had failed to do all he could to perfect title, the courts would not complete the transferor’s actions.

Question 5

Pennington v Waine

Answer 5

The owner of shares wanted to transfer them to her nephew. The relevant forms were completed but not registered, being on file at her solicitors. Her nephew took on some responsibility for the running of the company, which the transfer gave him. All parties acted as if he had the shares. On her death the court was asked to perfect the transfer.

Based on principles of unconscionability the court would perfect the transfer to the nephew.

Question 6

Re Cole

Answer 6

H to W”look its all yours”. Upon bankruptcy W claimed ownership of furniture. A transfer of chattels not by deed requires a delivery of the chattel with unequivocal words of transfer to be valid.

Question 7

Re Fry

Answer 7

Transfer of shares - failure to obtain needed permision- The transferor had not done all that was required of him to make good the transfer. Equity would not perfect the transaction.

Question 8

Re Rose

Answer 8

Transfer of shares - Where the transferor has done all in his power to make the transfer, and the only fault is a third party inaction, over which the transferor has no control, equity will perfect the transfer.

Question 9

Sen v Headley

Answer 9

‘you have the keys. They are in your bag. The deeds are in the steel box.’

Confirming that land could be the subject of a DMC, the Court of Appeal confirmed the decision in Cain v Moon that a valid DMC required transfers made:

1. in contemplation of death;
2. conditional on death;
3. with actual or some indicia of the transferor giving ‘dominion’ (control) of the property to the transferee (sometimes called symbolic delivery).

Question 10

Strong v Bird

Answer 10

Promise to forgo payment of debt was uneforceable. Where there has been a failure of the legal requirements of a valid transfer but the transferee is appointed as executor or administrator of the transferor’s estate, equity will perfect if there has been a continuing intention to give during the transferor’s lifetime.