FGEfK5 Flashcards
Penn v
Equity [Basic]
Lord
personam, which is why
Baltimore
enforce personal rights
Crabb v
PE
Arun District
point for land #2. Parties agreed in principle and the council
Council
Principle: a court may make transfer, change the nature of,
Bibby v
PE - Acquiescence
Stirling
doing so - it must have been obvious to Bibby during the
Cobbe v
PE - Reliance
Yeoman’s Row
representation must have been able to be
Management
reliance. It is not enough for the claimant
Thorner
PE - Imperfect Gift
v Major
without a will, the property would go to closer
Guest v
PE - Imperfect Gift/Farm Case
Guest
inheritance and was ruled out.
[2022]
expectation (not reliance)
Gillett v
PE
Holt
Unconscionable conduct
Jennings
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v Rice
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Davies v
PE - Imperfect Gift/Farm Case
Davies
promise of inheritance, relationship was
[2016]
side of the agreement and had not changed her
Waltons Stores
PE - Common Expectation
v Maher
representations made before a contract;
[Australia;
and did not sign a lease. Held that W
1988]
under the impression that the lease
Haq v
PE - Common Expectation
Island
before a formal agreement, was allowed to enter
Homes
rely on the representation, he committed himself
Crown
PE - Elements
Melbourne v
during negotiations that a
Cosmopolitan
at renewal time” was not
Hotel
reliance
Howe v
PE
Gossop
the Wills Act, the court can
Bristol & West
Fiduciary Duties
Building
bank of the risk. Mothew had been negligent in
Society v
has undertaken to act for another in a particular
Mothew
distinguishing obligation in a fiduciary
Boardman
Fiduciary Duties - Conflict of Interest
v Phipps
refusing trustees being incompetent to refuse. Held B had to
Ventures v
Fiduciary
Cedar Capital
Duties RR
Bray v
Fiduciary
Ford
Duties
Regal v
Fiduciary
Gulliver
Duties
Lister & Co
Fiduciary
v Stubbs
Duties
A-G Hong
Fiduciary
Reid
Duties
McWilliam
Fiduciary
Finance
Duties
Saunders
Trustees’ Duties
v Vautier
exhaustive trust (where it is discretionary but all property
Webb v
Trusts
Webb
[Basic] RR
Westdeutsche
Trusts [Basic] + Resulting Trusts
Landesbank
Argues (not the accepted position) - Equitable interest
Girozentrale v
In some cases, the settlor intends to abandon equitable
Islington LBC
trust for the victim. If he uses the stolen money to buy
Re
Trust
Denley’s
Objects
Trust Deed
RR
Independent
Trust Objects - Charitable - Public Benefit
Schools Council
the charity commission’s approach to public
v Charity
weekend, etc. Held that the advancement of
Commission
times, just a sufficiently numerous “section of the
Morice v
Trust Objects
Bishop of
someone for whom the court
Durham
cannot act in favour of
Pitt v Holt;
Trustees’ Duties + Mistake
Futter v
with experts, and so there was adequate deliberation; no
Futter
it set aside. Court held that the correct test was whether
Schmidt v
Express Trustees
Rosewood
right to supervise the administration of trusts.
Trust
documents. Court may take into account the
Armitage
Trustees Duties
v Nurse
Honesty and good faith are the core
Cowan v
Trustees’ Duties
Scargill
irrespective of social and political considerations. Held that
Grand View
The ‘proper purpose’ rule (that
Private Trust
for the purpose for which they were
v Wong
the scope, even if they do so
Re
Trustees’ Duties
Londonderry’s
not have to disclose reasons for use of a
Settlement
that it is not unduly burdensome for
Breakspear
obligation to disclose
v Ackland
it is often beneficial to maintain
Nestle v
Trustees’ Duties
National
had been very poorly handled, and trustees had neglected
Westminster
current standards at the time. Trustees are to be judged on
Bank
Also source for duty to maintain evenhandedness between
Harries v
Trustees’ Duties - Ethical Investment
Church
investment - they could not exclude investments
Commissioners
investments because they go against the
Blackwell v
Constructive Trusts - Secret Trusts
Blackwell
trust, communication of the
Generator
Constructive Trusts - Pallant
Developments
buy land together. During
v Lidl
for itself and GD sued. Held that
Angove’s
Once a contract has been
v Bailey
that it was not enough that the
Banner
Constructive
Developments
Trusts
Re Polly
Constructive
Peck
Trusts
Re
Constructive
Snowden
Trusts
Hussey
Constructive
v Palmer
Trusts
Rochefoucauld
Constructive Trusts
v Boustead
evidence of fraud, “equity will
Hodgson
Resulting Trusts
v Marks
it was clear the transfer was not intended as a
Re
Resulting
Gillingham
Trusts RR
Patel v
Resulting Trusts
Mirza
purpose of the broken law would be
Stoffel v
Perpetrators of a mortgage fraud
Grondona
Patel, the purpose of the law will
Dyer v
Resulting
Dyer
Trusts
Air
Resulting Trusts
Jamaica v
intent to create intent for a
Charlton
pass the beneficial interest
Lohia v
Resulting Trusts
Lohia
presumption of resulting
Paul v
Certainties - Intention
Constance
argued that the money had been held on express trust. The
Re
Certainty - Subject Matter
Goldcorp
those whose coins had been segregated could
Exchange
unascertained goods forming part of an
Hunter
Certainty - Subject Matter
v Moss
indistinguishable from each other do not
McPhail
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v Doulton
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Re
Certainties
Baden’s
and
Deed Trust
Powers RR
English
Certainties
v Keats
Powers
Re Hay’s
Powers
Settlement
periodically consider exercising their powers and
Trust
under a fiduciary cannot claim for failure to
OT Computers
A fixed trust is void unless it is
v First National
beneficiary - ie list certainty, it
Tricity Finance
beneficiary of the trust.
North v
Certainties
Wilkinson
Powers
Mills v
Certainty - Intention
Sports
because the rest of the language
Direct
separate account so they were
Knight v
Certainties and Powers
Knight
owes a duty must be readily determinable. To
Lambe v
Certainty - Intention
Eames
some way, is not enough. A testator who gave
Midland
Certainties and Powers
Bank v
in a safe - did not inform solicitor or bank. When
Wyatt
achieve some ulterior purpose and there was no
Don King
Certainty - Intent
Productions
a trust as that was the only legal
v Warren
trust using the commercial
Boyce v
Certainty - Subject Matter - Interest
Boyce
be conveyed to the other daughter. Older
Re Golay’s
If an effective yardstick is
Will Trust
income” was certain enough to
Re
Certainty - Object - Conceptual Uncertainty
Barlow’s
term, there were minimum criteria - longstanding
Will Trust
was sufficient to be able to answer the is or is not
R v District
Certainty - Object
Auditor ex p
administratively uncertain
West Yorkshire
to allow the creation of a
Metropolitan CC
of West Yorkshire.
Re Tuck’s
Certainty - Object - Conceptual Uncertainty
Settlement
London Chief Rabbi was considered an authority to resolve
Trust
wording and the court cannot apply it, and evidential
Vandervell
Vandervell wanted to establish a professorship through a
v IRC
transfer between V and the third party - because the
T Choithram
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v Pagarani
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[REREAD]
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Pennington
Formalities - Gift
v Waine
the exception in Re Rose showed that exceptions could be made to the