Constitution

Question 1

Re Cole

Answer 1

Gifts of chattels are constituted by intention to make a gift and delivery

Question 2

Milroy v Lord

Answer 2

Constitution applies for outright gift and transfer on trust, but not self-declaration of trust
Equity will not perfect an imperfect gift

Question 3

Jones v Lock

Answer 3

Something intended to be a gift that lacks constitution cannot be turned into a transfer on trust - failed to endorse cheque

Question 4

Re Rose

Answer 4

Transferor must do everything within their power to effect the transfer - must end up in the hands of the body capable of transferring legal title to be constituted

Question 5

Mascall v Mascall

Answer 5

Extends Re Rose to apply to land - transferor need not do everything within their power to effect the transfer, but transfer must be irrevocable (beyond control)

Question 6

Pennington v Waine

Answer 6

Based on Choithram v Pagarani - estoppel claim
Unconscionability for donor to go back on gift - donee relied on gift
1) Clear, unequivocal assurance by donor
2) Reliance by donee to their detriment

Question 7

Choithram v Pagarani

Answer 7

Imperfect transfer on trust of estate to charitable trusts - not constituted before he died (sympathetic judgement)

Question 8

Strong v Bird

Answer 8

Fortuitous vesting in intended transferee - gift will be perfected if:

1) Immediate intention to make a gift
2) Continuing intention to make gift until death
3) Intended donee must be the personal representative of the donor’s estate (executor of will)

Question 9

Re James

Answer 9

Strong v Bird extended to administrators of intestate estates but doubted obiter in Re Gonin

Question 10

Re Ralli

Answer 10

Doesn’t matter how trustee receives legal title, as long as they receive it the trust will be constituted

Question 11

Re Brooks

Answer 11

Trustee of unconstituted trust cannot constitute trust by receiving legal title as executor

Question 12

Re Freeland

Answer 12

Must be intention to make an immediate gift

Question 13

Re Gonin

Answer 13

Must have a continuing intention to make gift until death

Question 14

Re Stewart

Answer 14

Can be on of a number of executors for legal title to fortuitously vest

Question 15

Cain v Moon

Answer 15

Donationes mortis causa

1) Must be made in contemplation of imminent death (terminal illness/inherently dangerous activity
2) Must be conditional upon death - revocable upon recovery
3) Must be a form of actual/constructive delivery of the property through passing of dominion (control)

Question 16

Birch v Treasury Solicitor

Answer 16

Passing of dominion must denote ownership rather than access (house keys)