Property Law - CT Rationales Flashcards
Who categorises CTs through taxonomy - event and response?
Birks
Four types of events which might trigger CT?
Wrong, tracing, unjust enrichment and agreement-based
Example of UE being considered to trigger CT?
Chase v Manhattan Bank
Why are family homes not included in agreement-based event triggering CT?
Can be imputed intent, so no real intent
Who argues Chase v Manhattan was an RT case?
Chambers
Who finds the event triggering CT is intent to dispose of property + reliance on intent?
Chambers
Event triggering PE
Detrimental reliance which need not have anything to do with acquisition
Remedy for PE
Minimum equity to do justice
How does the remedy for PE differ from CT?
CT held to promise, as opposed to minimum equity to do justice
four rationales for CT
Fraud, disapplication thesis, loss and advantage
First case of MW reported
Dufour v Pereira
What suggests in Dufour v Pereira that fraud underlies CT?
‘B is seduced by the fraud of A’
What suggests in R v B that fraud underlies CT?
LJ Lindley refers to SoF not preventing proof of fraud
What suggests in P v M case law that fraud underlies CT?
Three words in all - ‘fraud’, ‘inequitable’ and ‘unconscionable’
What two academics dispute fraud as being the underlying basis for CTs?
Liew and Rickett
What is Liew’s conclusion about fraud and CTs?
Fraud describes state of affairs CT prevents ONLY - not a causative event
Who argues fraud describes a state of affairs ONLY - not a causative event?
Liew
Who argued unconscionabilit/fraud is a lazy way of explaining CTs?
Rickett
Who highlights how we should not refer to fraud/unconscionability as underlying CT because non-specific and not required for coherence?
Rickett
Academic on disapplication thesis
Swadling
What rationale gives a new meaning of ET?
Disapplication thesis
What rationale challenges p sovereignty?
Disapplication thesis
Why does Liew challenge Swaddling’s thesis?
No ET on facts in R v B so not within formalities anyway
Why does McFarlane challenge Swadling’s thesis?
If fraud is the concern, remedy through RT - no need to enforce promise
What academic gives the loss rationale of CT?
Gardner
Gardner rationale for CT
Loss
What is the loss rationale for CT?
Correct detrimental reliance by binding B to promise
Why is the loss rationale not likely?
No need for detriment and courts do not survey loss
McFarlane on loss rationale?
Failure to explain why CT doesn’t always arise in PE, despite same drawer
Advantage rationale of CT academic
McFarlane
McFarlane CT rationale
Advantage
What is the advantage rationale?
C received property subject to a condition, by which he received an advantage which holds him to his condition
What case explains the advantage rationale - if ignorant, no CT because no condition
Chalmers v Chalmers
What rationale explains why, in Neale v Willis, CT despite undertaking given to neither A nor C
Advantage
Why does McFarlane not include MWs in advantage rationale?
B’s own property is involved
How could MWs be included in advantage rationale?
Focus on Liew’s trust fund analysis
What does Liew allow will fall outside of advantage rationale regardless of trust fund analysis in MW?
Re Dale
Quistclose v Barclays general
Afloat through dividends, separate accounts
Quistclose v Barclays judgment
Lord Wilberforce - only means primary purpose to pay then when impossible secondary RT
What case tried to explain Quistclose v Barclays without breaching beneficiary principle?
Twinsectra v Yardley
Twinsectra v Yardley general
Loan for land, solicitor undertaking
Twinsectra v Yardley judgment
Lord Millett - RT for benefit of Q, with power to apply for intended purpose
What case saw emphasis on the fact that there was no intent for money to be at free disposal of recipient?
Twinsectra v Yardley
What did Lord Millett say in Twinsectra v Yardley to do with Chambers’ RT?
His analysis of Quistclose fits with negative intention theory of RT
How did Lord Millett explain Quistclose extra-judicially?
ET
How did Penner think it best to describe Quistclose?
ET positive intention to avoid judges imposing trusts ad hoc - need positive satisfaction parties intended a trust
How does Liew think it best to describe Quistclose?
ET over RT, or CT if need formalities
Who argued both R v B and Quistclose respond to same causative events, and have same response?
Liew
