Constitution and Formalities 0.0 / 5 ? LawEquityUniversityNone Created by: LaraCreated on: 09-04-19 14:29 Milroy v Lord 1862 "Equity will not perfect an imperfect gift" 1 of 19 Jones v Lock 1865 "Equity will not assist a volnteer" "Equity will not treat a failed gift as a declaration of trust" 2 of 19 Ross v Caunters 1980 Beneficiary cannot be a witness 3 of 19 Carr-Glyn v Freersons 1997 If a gift is jointly owned, passes by survivorship 4 of 19 Re Fry 1946 stocks- legal title passes after registration of transfer form 5 of 19 Grey v IRC 1960 Subsisting equitable interests must be in writing snd signed to avoid fraud under s.53 1 (c) 6 of 19 Vandervell v IRC 1960 Oral declaration can be valid for subsisting equitable interests if both legal and equitable title is passed on 7 of 19 Neville v Wilson 1997 Specifically enforcable contracts do not need to comply with s.53 1 (c) as it is a constructive trust 8 of 19 Paul Constance 1977 Declaration of trust; clear words of intention can suffice for chattles- 'whats mine is yours' 9 of 19 Hodgson v Marks 1971 Declaration of trust; an implied trust can be oral 10 of 19 Re Rose 1952 & Mascall v Mascall 1984 Exception in equity- 'every best effort rule' 11 of 19 T Choithram Int SA v Pagarani 2001 Settlor who is one of a number of trustees declares a trust, equity treats it as if vested in all trustees 12 of 19 Pennington v Waine 2002 unconscionable to recall a gift being an exception in equity 13 of 19 Zeital v Kaye 2010 CoA went back to rule in Re Rose and said Pennington is only for that specific situation 14 of 19 Strong v Bird 1874 When B becomes legal owner by becoming an executor, the legal title perfects the imperfect gift 15 of 19 Cain vv Moon 1896 Deathbed gifts are an exception in equity 16 of 19 Wilkes v Allington 1931 the cause of death does not have to be as expected for a deathbed gift 17 of 19 Sen v Headley 1991 deathbed giftfs must be something that can be transferred by will 18 of 19 Pascoe v Turner 1979 proprietary estoppel is an exception in equity- detrimental reliance 19 of 19
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