Three Certainty Cases Flashcards

1
Q

Lambe v Eames

A

1871 - ‘to be at her disposal any way she wishes’
Not sufficient, absolute gift

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2
Q

Re Diggles

A

1888 - ‘Desire’ failed intention

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3
Q

Re Hamilton

A

1895 - ‘wish’ failed intention

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4
Q

Adams v Kensington Vestry

A

1884 “in full confidence she will do what’s right with the disposal thereof”
Too vague intention for trust, absolute gift

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5
Q

Comiskey v bowring hanbury

A

(1905) “in full confidence” but clear intention throughout whole document to set up trust.
Equity looks to intention rather than form

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6
Q

Barclays Bank v Quistclose

A

(1970) - commercial context of intention,
Both parties intended on trust

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7
Q

Anthony v Donges

A

(1998) “such minimal part of my estate as she may be entitled too for maintenance purposes”
FAILED, no certainty of subject matter

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8
Q

Kolab

A

(1962) - blue chip securities , too ambiguous subject matter
Not sufficient

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9
Q

Re Golay

A

(1965) “reasonable” word sufficient for subject matter [policy overtone for court]

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10
Q

Palmer v simmonds

A

“Bulk” of estate to relatives on death
Not sufficient subject matter > too ambiguous

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11
Q

Sprange v Barnard

A

(1789) - stock to h for sole use and remainder to be equally divided,
INVALID REMAINDER CLAUSE, subject matter too vague

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12
Q

Re Last

A

1968 - estate to brother and “at his death anything that is left that came from me is to pass too ……”
Not valid, successive interest trust, brother died intestate > couldn’t pass onto anyone else

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13
Q

Re London Wine Company

A

1986 - couldn’t specify bottles exactly, uncertain , unallocated, subject matter

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14
Q

Re goldthorpe

A

Unacertained bullion, not specific so can’t be certain of subject matter

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15
Q

Hunter v Moss

A

1994 - intangible items eg) Shares

Okay to say 50 unspecified shares out of 950 as long as all shares identified

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16
Q

IRC v broadway cottages

A

1955 - fixed trust failed as couldn’t compile a list of all beneficiaries, no certainty of objects

17
Q

Re gulbenkians settlement

A

1970 - HOL confirmed list test for certainty of objects in Fixed Trusts

18
Q

Re Gulbekians (powers)

A

1970 - ‘is or is not test’ for powers

19
Q

Mettoy v evans

A

1991 - is or is not test for powers

20
Q

Mcphail v Doulton

A

1971 - discretionary trusts MUST exercise discretion, (new law)
Is it is not test for discretionary trust

21
Q

Re Ogden

A

1933 - OLD LAW, trustee had discretion to divide money to certain political organisations > list test

Overruled by Mcphail v Doulton 1971

22
Q

Conceptual uncertainty

A

Trust fails due to vague , unclear language
Re Sayer 1957
Re Baden 1973

23
Q

Evidential Uncertainty

A

Not clear proof is or is not in class, doesn’t necessarily fail
Re Baden 1973

24
Q

administrative workability

A

Trust musten be too wide that it is unworkable to complete trust
‘ all residents of greater london’ Mcphail v Doulton 1971

25
Q

Gifts for benefit of community
ADMINISTRATIVE WORKABILITY

A

Re Harding 2007 - for black community = charitable trust
Re smith 1932 - gift for England

26
Q

Re Barlow will trust

A

1979 ‘friends’ invalid for trust
If gift then just need to show by any definition they satisfied ‘friend’
One person test for gifts