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Law Second Year > Property Law - Rochefoucauld and Pallant > Flashcards

Property Law - Rochefoucauld and Pallant Flashcards

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1
Q

What might apply in a case like Smith v Matthews where A declares himself T?

A

Proprietary estoppel

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2
Q

Two advantages of seeing R v B as a CT?

A

Allows direct reliance on s.53(1)(2) LPA and no one could have acted as S anyway in R v B for ET

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3
Q

What is the Disapplication thesis?

A

Court disapplies statute formalities if there is fraud - merely a rule of proof

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4
Q

What is required to rely on Rochefoucauld v Boustead?

A

T knew property conveyed to him as a T, and T denies trust anyway and claims the land

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5
Q

Lincoln v Wright

A

Equity of redemption to beneficiary of entire estate

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6
Q

Gardner v Rowe

A

Trust from moment of declaration

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7
Q

With what other CT does Youdan draw comparison to determine that need knowledge of trust existence before T receives land for Rochefoucauld to apply?

A

Fully secret trusts

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8
Q

London & Regional v TBI judgment

A

No claim under Pallant if agreed not to be bound until formal context

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9
Q

Option to purchase

A

Holiday Inns v Broadhead

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10
Q

Youdan on requirements for Rochefoucauld

A

Need to receive property and perhaps also know of trust existence before receipt

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11
Q

Five features of Pallant

A

Agreement precedes acquisition, not necessarily contractually enforceable, understood to get interest if B succeeds, A suffers detriment OR B acquires advantage in relation to acquisition AND inequitable

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12
Q

What case shows the subject matter division under Pallant if there is no agreement between the parties?

A

Holiday Inns v Broadhead

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13
Q

S.2 LP(MP)A 1989

A

Contract sale/disposition of interest in land, signed by both parties

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14
Q

Bannister v Bannister judgment

A

Beneficial interest and CT - no need to state trust, just shown in substance from terms

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15
Q

What would R v B be an example of if it were considered an ET, and dutch company the S?

A

A tripartite case, allowing C to enforce the agreement

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16
Q

Who showed no one could have been the S anyway In R v B?

A

Liew

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17
Q

Elderly woman rent free

A

Bannister v Bannister

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18
Q

Bannister v Bannister general

A

Elderly woman rent free

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19
Q

Pallant v Morgan general

A

Auction

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20
Q

Banner Homes on agreement Pallant

A

Shares in JV company, NOT land

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21
Q

Hodgson v Marks judgment

A

RT

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22
Q

Wife husband raise mortgage

A

Re Duke of Marlborough

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23
Q

Why does Lieu find the Disapplication thesis unworkable?

A

Treats fraud as a prerequisite to the trust, but R v B suggests trust is a prerequisite

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24
Q

Hodgson v Marks general

A

Lodger

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25
Q

What was imposed in Birch v Blagrave and Childers v Childers, if not R v B?

A

RT

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26
Q

How should the formality rules be perceived, in regard to their aims?

A

A means to an end - they are a way to achieve their aims, not the end of the discussion

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27
Q

De Bruyne v De Bruyne general

A

As to AM, children but wife

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28
Q

What thesis argues R v B is an express trust?

A

Disapplication thesis

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29
Q

What academic is against three party R v B cases?

A

Feltham

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30
Q

What two cases show R v B does not apply if B does not promise to hold on trust?

A

Birch v Blagrave and Childers v Childers

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31
Q

What two cases show CT operating to give B more than they had at the outset?

A

Lincoln v Wright; Rochefoucauld

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32
Q

Requirements for proprietary estoppel

A

B detrimentally relied on A’s promise

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33
Q

Mirror agreement in Pallant

A

Time Products v Combined English Stores

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34
Q

what are the four aims of formality requirements?

A

Channelling, cautionary, evidentiary and protective

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35
Q

Three reasons why CT should be preferred to RT, if possible

A

CT reflects the full facts, no resalire (just enforcing whatever B promised) and can’t explain getting more than at the outset under RT

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36
Q

Rochefoucauld v Boustead general

A

Mortgage, Auction, sold

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37
Q

Who gives four aims of formality requirements?

A

Feltham

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38
Q

Why could the Dutch company not declare trust in R v B?

A

No order of foreclosure - just trustees - and countess still had EoR

39
Q

What RT case is argued to be CT?

A

Hodgson v Marks

40
Q

Who argued R v B is based on an intention to dispose of the property + reliance?

A

Chambers

41
Q

S.53(1)(b) LPA 1925

A

Declaration of trust and land to be manifested and proved in signed writing by someone able to declare such a trust

42
Q

Lodger

A

Hodgson v Marks

43
Q

no need to state trust, just shown in substance from terms

A

Bannister v Bannister

44
Q

What is the maxim applied in Rochefoucauld v Boustead?

A

Statute cannot be used as an instrument of fraud

45
Q

Why would Holiday inns not be an application of Pallant?

A

Detriment AFTER acquisition

46
Q

Childers v Childers judgment

A

Land for A under RT, NOT R v B

47
Q

In what two cases does R v B not apply?

A

If A declares himself T, and if B does not promise to hold on trust

48
Q

As to AM, children but wife

A

De Bruyne v De Bruyne

49
Q

Birch v Blagrave judgment

A

Per Lord Hadwick, lack of intention to part so RT

50
Q

How can we explain Hodgson v Marks categorisation as an RT?

A

Purely counsel choice to limit proceedings, because it was all the old lady wanted

51
Q

Forster v Hale

A

Signed writing can be in linked documents

52
Q

Who came up with the disapplication thesis, and who named it?

A

Swadling, named by Liew

53
Q

If there is no compliance with S.53(1)(b) LPA 1925, what is the effect of the attempted trust?

A

Valid, just can’t be enforced

54
Q

Writing to specify B’s, property and nature of trust

A

Smith v Matthews

55
Q

Holiday Inns v Broached general

A

Option to purchase

56
Q

Time Products v Combined English Stores general

A

Mirror

57
Q

What is the formal context behind Pallant v Morgan?

A

Usually need s.2 LP(MP)A 1989

58
Q

Re Duke of Marlborough general

A

Wife husband raise mortgage

59
Q

Smith v Matthews

A

Writing to specify B’s, property and nature of trust

60
Q

Smith v Matthews on R v B applying

A

No application if A declares himself trustee

61
Q

Rochefoucauld v Boustead judgment

A

No prevention of ‘proof of fraud’ under s.53(1)(b) LPA

62
Q

Auction

A

Pallant v Morgan

63
Q

What was the interest given in Pallant v Morgan?

A

Joint tenancy over plot 16

64
Q

De Bruyne v De Bruyne judgment

A

CT held for children

65
Q

Why could Boustead not declare the trust in R v B?

A

Immediately remortgaged

66
Q

What academic is in favour of three party R v B cases?

A

Youdan

67
Q

Banner Homes v Luff Developments general

A

Exclude

68
Q

Example of a possible three-party R v B case

A

De Bruyne v De Bruyne

69
Q

What case saw Holiday Inns v Broadhead as a CT case?

A

Cobbe v Yeomans Row

70
Q

If agreed to wait for formal context, no claim under Pallant

A

London & Regional v TBI

71
Q

What judge in what case gave five features of Pallant?

A

LJ Chadwick in Banner Homes v Luff

72
Q

Cobbe v Yeomans Row

A

CT Holiday Inns

73
Q

No application of R v B if A declares himself trustee

A

Smith v Matthews

74
Q

LJ Chadwick in Banner Homes v Luff

A

Five features of Pallant

75
Q

Soar v Ashwell

A

Categorising trusts as express to avoid limitation periods

76
Q

Birch v Blagrave general

A

Sheriff of London

77
Q

Childers v Childers general

A

Bailiff

78
Q

London & Regional v TBI general

A

Formal context

79
Q

Why does R v B not apply if A declares himself T?

A

No fraud and B merely a volunteer

80
Q

Predecessor to LPA 1925

A

Statute of Fraud 1677

81
Q

Banner Homes v Luff Developments judgment

A

Joint tenancy because reduced competition

82
Q

Why could the Countess not declare the trust in R v B?

A

EoR only

83
Q

Trust from moment of declaration

A

Gardner v Rowe

84
Q

Signed writing can be in linked documents

A

Forster v Hale

85
Q

Youdan on people able to declare a trust of land

A

Can also be the trustee, after receiving the property

86
Q

Why is it posited s.53(1)(b) LPA 1925 is more lenient than (a)?

A

Possibility of overreaching protects third parties

87
Q

Pallant v Morgan judgment

A

Advantage by paying less, induced not to bid, so CT

88
Q

Re Duke of Marlborough judgment

A

Trust held for wife - CT

89
Q

What cases show the subject matter division under Pallant if there is agreement between the parties?

A

Banner Homes and Times Products v Combined English Stores

90
Q

What are Bannister, Hodgson and Re Duke of Marlborough all examples of?

A

A transferring property to B, and B holding for A

91
Q

How can we explain the categorisation of R v B as an express trust?

A

Within Soar v Ashwell meaning - to avoid limitation periods

92
Q

What did the judges say of the nature of the trust in Holiday Inns?

A

PE

93
Q

Rochefoucauld v Boustead on outcome

A

A got more - equity of redemption to beneficiary of entire estate

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