Exception to maxim that equity will not perfect an imperfect gift

Question 1

What is the rule in Re Rose

Answer 1

As long as the transferor has done all they can in their power to transfer the property, equity will regard the transfer as effective although a third parties is action is required to complete the transfer of the legal title.

Question 2

Where a donor makes an imperfect lifetime gift and the donee becomes the donor’s executor or administrator the gift is perfected, as long as the donor continued to make the gift till death. Which rule is this?

Answer 2

The rule in Strong v Bird

Question 3

What are the requirements of Donatio Mortis Causa?

Answer 3

a. The gift must be made in contemplation of death from a particular. does not matter if death occurs in a different way.
b. The subject matter of the gift must be delivered to the donee, either by physical delivery of a chattel or the means of obtaining the gift or the handing over of the essential evidence of title.
c. The intention must be that the gift is conditional on death and not an immediate lifetime gift. The gift is revocable until death and revoked automatically is the donor recovers.
d. The property must be capable of passing by donation.

Question 4

Example of estoppel?

Answer 4

Willmott v Barber (1880)

Question 5

Example of proprietary estoppel?

Answer 5

Pascoe v Turner [1979]

Question 6

Requirements of proprietary estoppel?

Answer 6

1. The other Incurred expenditure on the property
2. That other Acted in belief encouraged that they had an interest in the property to justify expenditure
3. They stood by knowing of other mistaken belief and allowed them to incur expenditure.

Question 7

Example of DMC and what was the situation?

Answer 7

Re Lillingston (1952), key to the box or place where subject matter was.