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Public International Law > Formalities > Flashcards

Formalities Flashcards

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1
Q

Benefits of formalities

A

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

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2
Q

What are the best type of formalities?

A

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

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3
Q

How do formalities protect from outside pressure and duress?

A

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

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4
Q

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

A

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

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5
Q

Formalities and third parties

A

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

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6
Q

What is the most important aspect of formalities?

A

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

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7
Q

Why do the courts like formalities?

A

Gives them evidence and something to work off

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8
Q

Why does the state like formalities?

A

Allows for the collection of taxesGives data about the property market

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9
Q

What is the idea of channelling (Fuller)?

A

Formalities channel the parties towards a particular goal

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10
Q

where is the definition of a legal estate found

A

LPA 1925 s205 (1)(x)

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11
Q

Is a deed enough for formalities?

A

SometimesBut most of the time registration is also required

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12
Q

What were the requirements of a deed 1926-1989?

A

Had to be signed sealed and delivered

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13
Q

Abolished the need for a deed to be sealed

A

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

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14
Q

You need to make it clear that it is a deed

A

LPA s1(2)(a)

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15
Q

A deed must be signed witnessed and delivered

A

LPA s1(3)

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16
Q

Exceptions to a deed

A

LPA s52 (2)(d)

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17
Q

What is a periodic tenancy?

A

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

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18
Q

Periodic tenancies and deeds

A

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

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19
Q

Equity- must be in writing

A

LPA 1925 s53 (1)(a)

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20
Q

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

A

S53 (1)(b)

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21
Q

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

A

LPA s53 (1)(c)

22
Q

A contract in equity must have…

A

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

23
Q

Yaxley v gotts

A

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

24
Q

Formalities for a will

A

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

25
Q

Proprietary estoppel

A

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

26
Q

Willlmott v barber

A

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

27
Q

Taylor fashions

A

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

28
Q

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

A

Pascoe v turner

29
Q

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

A

Crabb v Arun

30
Q

Promise to leave property by will

A

Taylor v Dickens

31
Q

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

A

Munt v Beasley

32
Q

Capable of being a legal estate

A

LPA 1925 s1

33
Q

Legal deed requirements

A

LP(MP)A 1989 s1

34
Q

Capable of being equitable

A

LPA s1(3)

35
Q

Greasley v Cooke

A

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

36
Q

Coombes v smith

A

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

37
Q

Wayling v jones

A

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

38
Q

Gillett v holt

A

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

39
Q

Stevens and cutting v Anderson

A

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

40
Q

What is unconscionablity?

A

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

41
Q

Cobbe v yeoman’s row management

A

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

42
Q

Sled more v Dalby

A

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

43
Q

Gillett v holt

A

In PE you must consider the extent of the detriment

44
Q

Thorner v major

A

The courts looked at the level of assurance needed in PE

45
Q

Jennings v rice

A

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

46
Q

Crabb v Arun remedies

A

The court will use the minimum equity to do justice

47
Q

Some remedies that have been awarded

A

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

48
Q

Wood v smith

A

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

49
Q

First post homes v Johnson

A

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

50
Q

S52 LPA 1925

A

Not legal unless you have a deed

Public International Law (13 decks)

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