Formalities Flashcards
is there different rules for different types of property?
Yes
which of the rules are more complex?
Land
what is real property
land
what is personal property?
anything that isn’t land
what is chose in possession?
tangible goods
what is chose in action?
intangible goods, shares etc.
how many ways are there to make a gift?
3 ways
which case outlines the ways to make a gif
milroy v land 1862
what are the ways to make a gift?
donor transfers to donee, transfer to trustees and declaration of trust and declaration of trust(the settlor becomes the trustee)
what is needed for milroy 1?
transfer
what is needed for milroy 2?
transfer and declaration of trust
what is needed for milroy 3?
declaration
what is the requirements for land?
needs to be in writing (deed) and declaration of trust
what section outlines the need for writing?
s2 law of property(miscellaneous provisions) act 1989
what does s2 law property miscellaneous provisions act 1989 state
all the terms included, signed by both parties
what section outlines the deed?
s52(1) law property act 1925
what do you need to transfer by deed?
signed, witnessed.
what is needed by a declaration of trust?
writing or written evidence
for land what section is it for declaration of trust?
s53(1)(b)
what is needed for boundary disputes?
contract and a deed
what is the problem with boundary disputes?
a lot of boundaries aren’t clearly identified.
joyce v rigolli 2004
J sold land which R house built upon. oral agreement and pegged out the boundary. s2 didn’t apply.
what comes under a chattel/
chose in action and chose in possession
what is needed under chose in possession?
transfer and declaration
what falls under a transfer for chose in possession?
intention (to give and delivery) or a deed
how does the declaration have to be given
the declaration can be orally
does it matter how valuable the goods are when making a declaration?
no
rowe v prance 1999
‘our boat’ was viewed as express declaration of trust so half to her
what is needed for chose in action?
transfer and declaration
how can the transfer occur?
writing and notification.
how can the declaration occur?
orally
does it matter how valuable the goods are when making a delcaration
no
paul v constance 1977
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
hunter v moss 1994
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.
what is the statutory rule?
equity follows the laws
what is the key case?
milroy v lord
milroy v lord
deed transferring shares to L to hold on trust for M. share certificates given to L. bank never registered transfer. M claimed shares
how many exceptions are there to milroy?
3
which case established the exceptions?
curtis v pulbrook 2011
curtis v pulbrook 2011
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
what is the first exception?
donor has done everything he can
exception 1 case
re rose 1952
re rose 1952
gift of shares to wife, ‘done all in his power’
exception 1 for land case
mescal v mescal 1985
mascall v mascall
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.
what is the second exception?
it was really a declaration of trust?
case for the second exception?
choitram international v paganini 2001
paganini 2001 exception
set up trustee to set up charitable foundation. died before he could do so.
what is the third exception?
estoppel
cases for the third exception?
curtis v pulbrook
curtis v pulbrook exception
Harold acted to his detriment becoming the director
can fraud be used as an exception to the formality rule
equity will not permit a statute to be used as a cloak for fraud.
what type of trust is based upon fraud?
constructive trust
does it need to be in writing for constructive or resulting trusts?
no
what section for writing not needed for constructive trust
s53(2) law property act 1925
what section for writing not needed for resulting trust
s2(5) law porpeyt miscellaneous provisions act 1989
