Property Law - Rochefoucauld and Pallant

Question 1

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

Answer 1

Proprietary estoppel

Question 2

Two advantages of seeing R v B as a CT?

Answer 2

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

Question 3

What is the Disapplication thesis?

Answer 3

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

Question 4

What is required to rely on Rochefoucauld v Boustead?

Answer 4

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

Question 5

Lincoln v Wright

Answer 5

Equity of redemption to beneficiary of entire estate

Question 6

Gardner v Rowe

Answer 6

Trust from moment of declaration

Question 7

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

Answer 7

Fully secret trusts

Question 8

London & Regional v TBI judgment

Answer 8

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

Question 9

Option to purchase

Answer 9

Holiday Inns v Broadhead

Question 10

Youdan on requirements for Rochefoucauld

Answer 10

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

Question 11

Five features of Pallant

Answer 11

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

Question 12

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

Answer 12

Holiday Inns v Broadhead

Question 13

S.2 LP(MP)A 1989

Answer 13

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

Question 14

Bannister v Bannister judgment

Answer 14

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

Question 15

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

Answer 15

A tripartite case, allowing C to enforce the agreement

Question 16

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

Answer 16

Liew

Question 17

Elderly woman rent free

Answer 17

Bannister v Bannister

Question 18

Bannister v Bannister general

Answer 18

Elderly woman rent free

Question 19

Pallant v Morgan general

Answer 19

Auction

Question 20

Banner Homes on agreement Pallant

Answer 20

Shares in JV company, NOT land

Question 21

Hodgson v Marks judgment

Answer 21

RT

Question 22

Wife husband raise mortgage

Answer 22

Re Duke of Marlborough

Question 23

Why does Lieu find the Disapplication thesis unworkable?

Answer 23

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

Question 24

Hodgson v Marks general

Answer 24

Lodger

Question 25

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

Answer 25

RT

Question 26

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

Answer 26

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

Question 27

De Bruyne v De Bruyne general

Answer 27

As to AM, children but wife

Question 28

What thesis argues R v B is an express trust?

Answer 28

Disapplication thesis

Question 29

What academic is against three party R v B cases?

Answer 29

Feltham

Question 30

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

Answer 30

Birch v Blagrave and Childers v Childers

Question 31

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

Answer 31

Lincoln v Wright; Rochefoucauld

Question 32

Requirements for proprietary estoppel

Answer 32

B detrimentally relied on A's promise

Question 33

Mirror agreement in Pallant

Answer 33

Time Products v Combined English Stores

Question 34

what are the four aims of formality requirements?

Answer 34

Channelling, cautionary, evidentiary and protective

Question 35

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

Answer 35

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

Question 36

Rochefoucauld v Boustead general

Answer 36

Mortgage, Auction, sold

Question 37

Who gives four aims of formality requirements?

Answer 37

Feltham

Question 38

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

Answer 38

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

Question 39

What RT case is argued to be CT?

Answer 39

Hodgson v Marks

Question 40

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

Answer 40

Chambers

Question 41

S.53(1)(b) LPA 1925

Answer 41

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

Question 42

Lodger

Answer 42

Hodgson v Marks

Question 43

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

Answer 43

Bannister v Bannister

Question 44

What is the maxim applied in Rochefoucauld v Boustead?

Answer 44

Statute cannot be used as an instrument of fraud

Question 45

Why would Holiday inns not be an application of Pallant?

Answer 45

Detriment AFTER acquisition

Question 46

Childers v Childers judgment

Answer 46

Land for A under RT, NOT R v B

Question 47

In what two cases does R v B not apply?

Answer 47

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

Question 48

As to AM, children but wife

Answer 48

De Bruyne v De Bruyne

Question 49

Birch v Blagrave judgment

Answer 49

Per Lord Hadwick, lack of intention to part so RT

Question 50

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

Answer 50

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

Question 51

Forster v Hale

Answer 51

Signed writing can be in linked documents

Question 52

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

Answer 52

Swadling, named by Liew

Question 53

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

Answer 53

Valid, just can't be enforced

Question 54

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

Answer 54

Smith v Matthews

Question 55

Holiday Inns v Broached general

Answer 55

Option to purchase

Question 56

Time Products v Combined English Stores general

Answer 56

Mirror

Question 57

What is the formal context behind Pallant v Morgan?

Answer 57

Usually need s.2 LP(MP)A 1989

Question 58

Re Duke of Marlborough general

Answer 58

Wife husband raise mortgage

Question 59

Smith v Matthews

Answer 59

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

Question 60

Smith v Matthews on R v B applying

Answer 60

No application if A declares himself trustee

Question 61

Rochefoucauld v Boustead judgment

Answer 61

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

Question 62

Auction

Answer 62

Pallant v Morgan

Question 63

What was the interest given in Pallant v Morgan?

Answer 63

Joint tenancy over plot 16

Question 64

De Bruyne v De Bruyne judgment

Answer 64

CT held for children

Question 65

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

Answer 65

Immediately remortgaged

Question 66

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

Answer 66

Youdan

Question 67

Banner Homes v Luff Developments general

Answer 67

Exclude

Question 68

Example of a possible three-party R v B case

Answer 68

De Bruyne v De Bruyne

Question 69

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

Answer 69

Cobbe v Yeomans Row

Question 70

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

Answer 70

London & Regional v TBI

Question 71

What judge in what case gave five features of Pallant?

Answer 71

LJ Chadwick in Banner Homes v Luff

Question 72

Cobbe v Yeomans Row

Answer 72

CT Holiday Inns

Question 73

No application of R v B if A declares himself trustee

Answer 73

Smith v Matthews

Question 74

LJ Chadwick in Banner Homes v Luff

Answer 74

Five features of Pallant

Question 75

Soar v Ashwell

Answer 75

Categorising trusts as express to avoid limitation periods

Question 76

Birch v Blagrave general

Answer 76

Sheriff of London

Question 77

Childers v Childers general

Answer 77

Bailiff

Question 78

London & Regional v TBI general

Answer 78

Formal context

Question 79

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

Answer 79

No fraud and B merely a volunteer

Question 80

Predecessor to LPA 1925

Answer 80

Statute of Fraud 1677

Question 81

Banner Homes v Luff Developments judgment

Answer 81

Joint tenancy because reduced competition

Question 82

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

Answer 82

EoR only

Question 83

Trust from moment of declaration

Answer 83

Gardner v Rowe

Question 84

Signed writing can be in linked documents

Answer 84

Forster v Hale

Question 85

Youdan on people able to declare a trust of land

Answer 85

Can also be the trustee, after receiving the property

Question 86

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

Answer 86

Possibility of overreaching protects third parties

Question 87

Pallant v Morgan judgment

Answer 87

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

Question 88

Re Duke of Marlborough judgment

Answer 88

Trust held for wife - CT

Question 89

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

Answer 89

Banner Homes and Times Products v Combined English Stores

Question 90

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

Answer 90

A transferring property to B, and B holding for A

Question 91

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

Answer 91

Within Soar v Ashwell meaning - to avoid limitation periods

Question 92

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

Answer 92

PE

Question 93

Rochefoucauld v Boustead on outcome

Answer 93

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