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Equity and Trusts > Formalities > Flashcards

Formalities Flashcards

1
Q

is there different rules for different types of property?

A

Yes

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2
Q

which of the rules are more complex?

A

Land

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3
Q

what is real property

A

land

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4
Q

what is personal property?

A

anything that isn’t land

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5
Q

what is chose in possession?

A

tangible goods

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6
Q

what is chose in action?

A

intangible goods, shares etc.

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7
Q

how many ways are there to make a gift?

A

3 ways

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8
Q

which case outlines the ways to make a gif

A

milroy v land 1862

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9
Q

what are the ways to make a gift?

A

donor transfers to donee, transfer to trustees and declaration of trust and declaration of trust(the settlor becomes the trustee)

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10
Q

what is needed for milroy 1?

A

transfer

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11
Q

what is needed for milroy 2?

A

transfer and declaration of trust

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12
Q

what is needed for milroy 3?

A

declaration

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13
Q

what is the requirements for land?

A

needs to be in writing (deed) and declaration of trust

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14
Q

what section outlines the need for writing?

A

s2 law of property(miscellaneous provisions) act 1989

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15
Q

what does s2 law property miscellaneous provisions act 1989 state

A

all the terms included, signed by both parties

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16
Q

what section outlines the deed?

A

s52(1) law property act 1925

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17
Q

what do you need to transfer by deed?

A

signed, witnessed.

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18
Q

what is needed by a declaration of trust?

A

writing or written evidence

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19
Q

for land what section is it for declaration of trust?

A

s53(1)(b)

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20
Q

what is needed for boundary disputes?

A

contract and a deed

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21
Q

what is the problem with boundary disputes?

A

a lot of boundaries aren’t clearly identified.

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22
Q

joyce v rigolli 2004

A

J sold land which R house built upon. oral agreement and pegged out the boundary. s2 didn’t apply.

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23
Q

what comes under a chattel/

A

chose in action and chose in possession

24
Q

what is needed under chose in possession?

A

transfer and declaration

25
Q

what falls under a transfer for chose in possession?

A

intention (to give and delivery) or a deed

26
Q

how does the declaration have to be given

A

the declaration can be orally

27
Q

does it matter how valuable the goods are when making a declaration?

A

no

28
Q

rowe v prance 1999

A

‘our boat’ was viewed as express declaration of trust so half to her

29
Q

what is needed for chose in action?

A

transfer and declaration

30
Q

how can the transfer occur?

A

writing and notification.

31
Q

how can the declaration occur?

A

orally

32
Q

does it matter how valuable the goods are when making a delcaration

A

no

33
Q

paul v constance 1977

A

c separated from wife and was living with P. c got £950 damages. “this money is as much yours as mine”. meant to declare trust

34
Q

hunter v moss 1994

A

M employed H to work for his company, wanted to give them shares. M to hold the shares for H. paid him dividends. held- not transferred the shares, only declared a trust.

35
Q

what is the statutory rule?

A

equity follows the laws

36
Q

what is the key case?

A

milroy v lord

37
Q

milroy v lord

A

deed transferring shares to L to hold on trust for M. share certificates given to L. bank never registered transfer. M claimed shares

38
Q

how many exceptions are there to milroy?

A

3

39
Q

which case established the exceptions?

A

curtis v pulbrook 2011

40
Q

curtis v pulbrook 2011

A

dP tried to give shares to wife and daughter as a partinng gift. physically handed them the share certificate but didn’t complete stock transfer form. neither clear or rational

41
Q

what is the first exception?

A

donor has done everything he can

42
Q

exception 1 case

A

re rose 1952

43
Q

re rose 1952

A

gift of shares to wife, ‘done all in his power’

44
Q

exception 1 for land case

A

mescal v mescal 1985

45
Q

mascall v mascall

A

M intended to give his house to his son, all paperwork completed. son never registered it. held it transferred to son in equity. donor had done everything it was up to his son and under his sons control.

46
Q

what is the second exception?

A

it was really a declaration of trust?

47
Q

case for the second exception?

A

choitram international v paganini 2001

48
Q

paganini 2001 exception

A

set up trustee to set up charitable foundation. died before he could do so.

49
Q

what is the third exception?

A

estoppel

50
Q

cases for the third exception?

A

curtis v pulbrook

51
Q

curtis v pulbrook exception

A

Harold acted to his detriment becoming the director

52
Q

can fraud be used as an exception to the formality rule

A

equity will not permit a statute to be used as a cloak for fraud.

53
Q

what type of trust is based upon fraud?

A

constructive trust

54
Q

does it need to be in writing for constructive or resulting trusts?

A

no

55
Q

what section for writing not needed for constructive trust

A

s53(2) law property act 1925

56
Q

what section for writing not needed for resulting trust

A

s2(5) law porpeyt miscellaneous provisions act 1989

Equity and Trusts (4 decks)

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