Property Law - Rochefoucauld and Pallant Flashcards
What might apply in a case like Smith v Matthews where A declares himself T?
Proprietary estoppel
Two advantages of seeing R v B as a CT?
Allows direct reliance on s.53(1)(2) LPA and no one could have acted as S anyway in R v B for ET
What is the Disapplication thesis?
Court disapplies statute formalities if there is fraud - merely a rule of proof
What is required to rely on Rochefoucauld v Boustead?
T knew property conveyed to him as a T, and T denies trust anyway and claims the land
Lincoln v Wright
Equity of redemption to beneficiary of entire estate
Gardner v Rowe
Trust from moment of declaration
With what other CT does Youdan draw comparison to determine that need knowledge of trust existence before T receives land for Rochefoucauld to apply?
Fully secret trusts
London & Regional v TBI judgment
No claim under Pallant if agreed not to be bound until formal context
Option to purchase
Holiday Inns v Broadhead
Youdan on requirements for Rochefoucauld
Need to receive property and perhaps also know of trust existence before receipt
Five features of Pallant
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
What case shows the subject matter division under Pallant if there is no agreement between the parties?
Holiday Inns v Broadhead
S.2 LP(MP)A 1989
Contract sale/disposition of interest in land, signed by both parties
Bannister v Bannister judgment
Beneficial interest and CT - no need to state trust, just shown in substance from terms
What would R v B be an example of if it were considered an ET, and dutch company the S?
A tripartite case, allowing C to enforce the agreement
Who showed no one could have been the S anyway In R v B?
Liew
Elderly woman rent free
Bannister v Bannister
Bannister v Bannister general
Elderly woman rent free
Pallant v Morgan general
Auction
Banner Homes on agreement Pallant
Shares in JV company, NOT land
Hodgson v Marks judgment
RT
Wife husband raise mortgage
Re Duke of Marlborough
Why does Lieu find the Disapplication thesis unworkable?
Treats fraud as a prerequisite to the trust, but R v B suggests trust is a prerequisite
Hodgson v Marks general
Lodger
What was imposed in Birch v Blagrave and Childers v Childers, if not R v B?
RT
How should the formality rules be perceived, in regard to their aims?
A means to an end - they are a way to achieve their aims, not the end of the discussion
De Bruyne v De Bruyne general
As to AM, children but wife
What thesis argues R v B is an express trust?
Disapplication thesis
What academic is against three party R v B cases?
Feltham
What two cases show R v B does not apply if B does not promise to hold on trust?
Birch v Blagrave and Childers v Childers
What two cases show CT operating to give B more than they had at the outset?
Lincoln v Wright; Rochefoucauld
Requirements for proprietary estoppel
B detrimentally relied on A’s promise
Mirror agreement in Pallant
Time Products v Combined English Stores
what are the four aims of formality requirements?
Channelling, cautionary, evidentiary and protective
Three reasons why CT should be preferred to RT, if possible
CT reflects the full facts, no resalire (just enforcing whatever B promised) and can’t explain getting more than at the outset under RT
Rochefoucauld v Boustead general
Mortgage, Auction, sold
Who gives four aims of formality requirements?
Feltham
Why could the Dutch company not declare trust in R v B?
No order of foreclosure - just trustees - and countess still had EoR
What RT case is argued to be CT?
Hodgson v Marks
Who argued R v B is based on an intention to dispose of the property + reliance?
Chambers
S.53(1)(b) LPA 1925
Declaration of trust and land to be manifested and proved in signed writing by someone able to declare such a trust
Lodger
Hodgson v Marks
no need to state trust, just shown in substance from terms
Bannister v Bannister
What is the maxim applied in Rochefoucauld v Boustead?
Statute cannot be used as an instrument of fraud
Why would Holiday inns not be an application of Pallant?
Detriment AFTER acquisition
Childers v Childers judgment
Land for A under RT, NOT R v B
In what two cases does R v B not apply?
If A declares himself T, and if B does not promise to hold on trust
As to AM, children but wife
De Bruyne v De Bruyne
Birch v Blagrave judgment
Per Lord Hadwick, lack of intention to part so RT
How can we explain Hodgson v Marks categorisation as an RT?
Purely counsel choice to limit proceedings, because it was all the old lady wanted
Forster v Hale
Signed writing can be in linked documents
Who came up with the disapplication thesis, and who named it?
Swadling, named by Liew
If there is no compliance with S.53(1)(b) LPA 1925, what is the effect of the attempted trust?
Valid, just can’t be enforced
Writing to specify B’s, property and nature of trust
Smith v Matthews
Holiday Inns v Broached general
Option to purchase
Time Products v Combined English Stores general
Mirror
What is the formal context behind Pallant v Morgan?
Usually need s.2 LP(MP)A 1989
Re Duke of Marlborough general
Wife husband raise mortgage
Smith v Matthews
Writing to specify B’s, property and nature of trust
Smith v Matthews on R v B applying
No application if A declares himself trustee
Rochefoucauld v Boustead judgment
No prevention of ‘proof of fraud’ under s.53(1)(b) LPA
Auction
Pallant v Morgan
What was the interest given in Pallant v Morgan?
Joint tenancy over plot 16
De Bruyne v De Bruyne judgment
CT held for children
Why could Boustead not declare the trust in R v B?
Immediately remortgaged
What academic is in favour of three party R v B cases?
Youdan
Banner Homes v Luff Developments general
Exclude
Example of a possible three-party R v B case
De Bruyne v De Bruyne
What case saw Holiday Inns v Broadhead as a CT case?
Cobbe v Yeomans Row
If agreed to wait for formal context, no claim under Pallant
London & Regional v TBI
What judge in what case gave five features of Pallant?
LJ Chadwick in Banner Homes v Luff
Cobbe v Yeomans Row
CT Holiday Inns
No application of R v B if A declares himself trustee
Smith v Matthews
LJ Chadwick in Banner Homes v Luff
Five features of Pallant
Soar v Ashwell
Categorising trusts as express to avoid limitation periods
Birch v Blagrave general
Sheriff of London
Childers v Childers general
Bailiff
London & Regional v TBI general
Formal context
Why does R v B not apply if A declares himself T?
No fraud and B merely a volunteer
Predecessor to LPA 1925
Statute of Fraud 1677
Banner Homes v Luff Developments judgment
Joint tenancy because reduced competition
Why could the Countess not declare the trust in R v B?
EoR only
Trust from moment of declaration
Gardner v Rowe
Signed writing can be in linked documents
Forster v Hale
Youdan on people able to declare a trust of land
Can also be the trustee, after receiving the property
Why is it posited s.53(1)(b) LPA 1925 is more lenient than (a)?
Possibility of overreaching protects third parties
Pallant v Morgan judgment
Advantage by paying less, induced not to bid, so CT
Re Duke of Marlborough judgment
Trust held for wife - CT
What cases show the subject matter division under Pallant if there is agreement between the parties?
Banner Homes and Times Products v Combined English Stores
What are Bannister, Hodgson and Re Duke of Marlborough all examples of?
A transferring property to B, and B holding for A
How can we explain the categorisation of R v B as an express trust?
Within Soar v Ashwell meaning - to avoid limitation periods
What did the judges say of the nature of the trust in Holiday Inns?
PE
Rochefoucauld v Boustead on outcome
A got more - equity of redemption to beneficiary of entire estate
