Formalities

Question 1

Benefits of formalities

Answer 1

Warns the parties that they are entering into a transaction that their actions may have legal consequences Makes them stop and thinkThis avoids rash decision makingPartied cannot easily slip into the transaction

Question 2

What are the best type of formalities?

Answer 2

Those that are required for the transaction to be legally valid because parties are warned it will have legal consequences before it happens

Question 3

How do formalities protect from outside pressure and duress?

Answer 3

It is a lot easier to say I give you my house then writing out all of the deeds etc.

Question 4

Formalities also help to clarify the terms of the transaction because…

Answer 4

When you write things down you see the gaps in it appear

Question 5

Formalities and third parties

Answer 5

They have a different set of interests The most important thing is publicity Ensuring that other parties know of the existence of the transaction

Question 6

What is the most important aspect of formalities?

Answer 6

Evidence Writing is some proof but a note can always be hidden from a third party Registration is the best evidence

Question 7

Why do the courts like formalities?

Answer 7

Gives them evidence and something to work off

Question 8

Why does the state like formalities?

Answer 8

Allows for the collection of taxesGives data about the property market

Question 9

What is the idea of channelling (Fuller)?

Answer 9

Formalities channel the parties towards a particular goal

Question 10

where is the definition of a legal estate found

Answer 10

LPA 1925 s205 (1)(x)

Question 11

Is a deed enough for formalities?

Answer 11

SometimesBut most of the time registration is also required

Question 12

What were the requirements of a deed 1926-1989?

Answer 12

Had to be signed sealed and delivered

Question 13

Abolished the need for a deed to be sealed

Answer 13

LP(MP)A 1989 s1 (1)(b)

Question 14

You need to make it clear that it is a deed

Answer 14

LPA s1(2)(a)

Question 15

A deed must be signed witnessed and delivered

Answer 15

LPA s1(3)

Question 16

Exceptions to a deed

Answer 16

LPA s52 (2)(d)

Question 17

What is a periodic tenancy?

Answer 17

One of those ones that are basically ongoing but you have to give half a years notice either side to quit

Question 18

Periodic tenancies and deeds

Answer 18

A legal periodic tenancy is a deed exception under s52(2) as each period within it is less that 3 years

Question 19

Equity- must be in writing

Answer 19

LPA 1925 s53 (1)(a)

Question 20

Must be evidenced in writing, signed by some person who is able to declare such trust Equity

Answer 20

S53 (1)(b)

Question 21

Disposition of a beneficial interest under a trust must be in writing singed by their agent

Answer 21

LPA s53 (1)(c)

Question 22

A contract in equity must have…

Answer 22

LP(MP)A 1989 s2 WritingIncorporate all the agreed termsBe signed by and on behalf of all the parties

Question 23

Yaxley v gotts

Answer 23

The use of a constructive trust to overcome a void contract Detriment in PE of money

Question 24

Formalities for a will

Answer 24

Wills act 1837 s9 Must be in writing Must be witnessed by 2 people at the same time Witnesses must sign and attest the will in the testator’s presence

Question 25

Proprietary estoppel

Answer 25

Needs assurance Reliance on the assuranceDetriment cannot be minimal Such circumstances that would be unconscionable to allow the land owner to escape from his promise- why oral promises can be enforced despite non-compliance with formalities

Question 26

Willlmott v barber

Answer 26

Says that needs to A know of Bs mistaken belief (Not considered necessary in Taylor fashions case)

Question 27

Taylor fashions

Answer 27

A need not know of Bs mistaken belief Need not amount to the promise of a specific proprietary right, so long as it is 'certain' enough

Question 28

Assurance: indicates to b that b has a rightCase law...

Answer 28

Pascoe v turner

Question 29

Promise: indicates to B that B will acquire a right in the future Case law...

Answer 29

Crabb v Arun

Question 30

Promise to leave property by will

Answer 30

Taylor v Dickens

Question 31

Acquiescence: A merely passively stands by whole B acts to her detriment

Answer 31

Munt v Beasley

Question 32

Capable of being a legal estate

Answer 32

LPA 1925 s1

Question 33

Legal deed requirements

Answer 33

LP(MP)A 1989 s1

Question 34

Capable of being equitable

Answer 34

LPA s1(3)

Question 35

Greasley v Cooke

Answer 35

Reliance often involves Bs expenditure of money, but not necessarily Reliance is readily inferred form detrimental acts

Question 36

Coombes v smith

Answer 36

Bs act must have been done in reliance on As assurance promise or acquiescence

Question 37

Wayling v jones

Answer 37

Bs acts do not have to be made in sole reliance on As assurance, promise or acquiescence

Question 38

Gillett v holt

Answer 38

Detriment must be substantial Promises of inheritance G acted to his detriment

Question 39

Stevens and cutting v Anderson

Answer 39

The onus is on B to show that she acted to her detriment

Question 40

What is unconscionablity?

Answer 40

Relates to A later denying B the use of the land; this is NOT ENOUGH by itself but a necessary ingredient

Question 41

Cobbe v yeoman's row management

Answer 41

Planning permissionThe developer did not have a claim in proprietary estoppel Considered. Whether the parties were in business and should have realised need for formalities

Question 42

Sled more v Dalby

Answer 42

In PE you must look at the relative positions of A and B

Question 43

Gillett v holt

Answer 43

In PE you must consider the extent of the detriment

Question 44

Thorner v major

Answer 44

The courts looked at the level of assurance needed in PE

Question 45

Jennings v rice

Answer 45

In terms of remedy the court has a wide discretion The most important aspect is proportionality between expectation and detriment

Question 46

Crabb v Arun remedies

Answer 46

The court will use the minimum equity to do justice

Question 47

Some remedies that have been awarded

Answer 47

Conveyance of fee simpleConstructive trustTransfer of some of the property EasementMonetary compensation Right to occupation until cost of improvements reimbursed

Question 48

Wood v smith

Answer 48

Writing in capital letters can be sufficient for a signature as it shows intent

Question 49

First post homes v Johnson

Answer 49

A signature needs to be written by hand Says we need a narrow understanding of a will

Question 50

S52 LPA 1925

Answer 50

Not legal unless you have a deed