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Public International Law > Formalities > Flashcards

Formalities Flashcards

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1
Q

Benefits of formalities

A

Warns the parties who are entering into a transaction that their actions may have legal consequences Makes them stop and thinkAvoids rash decision makingParties cannot easily slip into a transaction If you write things down you see the gaps Clarifies rights and obligations

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2
Q

What are the best formalities?

A

Those that are required for the transaction to be legally valid

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3
Q

What else does formality protect from?

A

Pressure and duress

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4
Q

Evidentiary aspect of formalities

A

Writing shows proofGives the courts something to work off

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5
Q

Formalities from the view point of the state

A

Allows collection of taxes Gives data about the property market

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6
Q

Not legal unless a deed

A

S52 LPA 1925

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7
Q

The idea of channelling (fuller)

A

Channels the parties towards a particular legal goal

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8
Q

A legal estate can be created only by deed

A

LPA 1925 s52(1)

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9
Q

A legal estate is defined

A

LPA 1925 s205(2)(x)

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10
Q

Conveyance includes a mortgage and a lease

A

LPA 1925 s205(1)(II)

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11
Q

Is a deed enough to be legal?

A

Not in most cases, most need the title to be registered

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12
Q

A deed used to have to be signed, sealed and delivered

A

From 1926-1989

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13
Q

The need for a deal to be sealed was abolished in… By section…

A

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

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14
Q

You need to make it clear that a deed is a deed

A

S1(2)(a) LPA

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15
Q

A deed needs to be signed witnessed and delivered

A

LPA 1925 s1(3)

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16
Q

Exceptions to a deed

A

Includes leases or tenancies not required by law to be made in writing LPA s52(2)(d) Not required for a term not exceeding 3 years

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17
Q

What is a periodic tenancy?

A

No defined end to the lease

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18
Q

Is a periodic tenancy an exception?

A

S54(2) It is an exception as each period of the tenancy is less than 3 years

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19
Q

EquityAny interest I. Land must be created or disposed of in writing signed by the disponor or her agent

A

LPA s53(1)(a)

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20
Q

EquityA declaration of a trust in land must be evidenced in writing, signed by some person who is able to declare such trust

A

LPA s53(1)(b)

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21
Q

EquityThe disposition of a beneficial interest much be in writing and signed by the disponor or her agent

A

S53 (1)(c)

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22
Q

EquityA contract to dispose of an interest in land

A

LP(MP)A s2

23
Q

A contract to dispose land under equity must:

A

Be made in writingIncorporate all the agreed termsBe signed on the behalf of all parties

24
Q

Section 2 formalities do by apply to

A

Leases for a term not more than 3 years Trusts

25
Q

Yaxley v gotts

A

The use of constructive trust to overcome a void contract Money Loss of opportunity

26
Q

The formalities for a will

A

Wills act 1837 s9Must be in writingTwo witnessed (at the same time)Witnesses must attest and sign the will in the testators presence

27
Q

Proprietary estoppel

A

Can be used as a sword or a shield

28
Q

Willmott v barber

A

Says that A must know of Bs mistaken belief for PE

29
Q

Taylor fashions ltd

A

Need not amount to the promise of a specific proprietary right so long as it is certain enoughPE

30
Q

What are the ingredients for PE?

A

EitherAssurance or promiseORAcquiescence

31
Q

Dilwyn v Llewely

A

Assurance in PEIndicates to B that B has a right

32
Q

Crabby v Arun

A

Promise indicates to B that B will squire a right in the future

33
Q

Taylor v Dickens

A

Promise to leave property by will

34
Q

Munt v Beasley

A

Acquiescence- a merely passively stands by while B acts to her detriment

35
Q

Where do we find equity?

A

LPA s1 (3)

36
Q

Greasley v Cooke

A

Reliance often involves Bs expenditure of money But not necessarily In assurance or promise cases, reliance is readily inferred from detrimental acts

37
Q

Coombes v smith

A

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

38
Q

Gillett v holt

A

detriment must be substantial Promises of inheritance which saw G act to his detriment Unconscionability- the extent of the detriment Remedy- transfer of some of the property

39
Q

Stevens and cutting v Anderson

A

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

40
Q

Unconscionably

A

Relates to A later denying B use of the landThis is NOT ENOUGH by itself, but a necessary ingredient

41
Q

Cobbe v yeomans row management

A

Planning permission the developer did not have a claim in PE Unconscionability- whether the parties are in business and should have realised the need for formalities

42
Q

Factors included in unconscionability

A

The relative positions of A and BExtent of the detrimentWhether the parties are in business and should have realised need for formalities

43
Q

Sled more v Dalby

A

Unconscionability The relative positions of A and B Remedies- unjust enrichment

44
Q

Throner v major

A

The court considered estoppel generally and the assurance required to be relied upon as PE

45
Q

what we need for PE

A

AssuranceReliance on assuranceDetriment cannot be minimal Such circumstances that it would be unconscionable to allow the landowner to escape from his promise (why oral assurances can be enforced despite non- compliance with formalities)

46
Q

Jennings v rice

A

RemediesThe court has a wide discretion to satisfy the equity, but the relief must be designed to avoid an unconscionable result Most important = proportionality between expectation and detriment (remedies)

47
Q

Crabb v Arun

A

RemediesWe need to use the minimum equity to do justice Remedy- easement

48
Q

Qualities to remedies

A
  • expectation- detriment- unjust enrichment- proportionality
49
Q

Pascoe v turner

A

Remedies- expectationExpenditure of money in reliance of the encouragement and acquiescence of another party may create PE Remedy- conveyance of few simple

50
Q

Dodsworth

A

Remedies- an example of detrimentWere awarded right to occupation until cost of improvements reimbursed

51
Q

Re basham

A

Remedies Constructive trust

52
Q

Wayling v jones

A

RemedyMonetary compensation as land already sold

53
Q

Wood v smith

A

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

54
Q

First post homes v Johnson

A

Says we need a narrow understanding of a will, written by hand

Public International Law (13 decks)

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