Equity: Creation and Constitution FET Cases

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Quiz by samparkin92
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Last updated: November 19, 2023
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First submittedNovember 19, 2023
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TR1 signed but not given to registry, no common intention to transfer beneficial interest, still beneficially equal.
Symbolic delivery, furniture set with inventory and given chair.
Must identify subject matter distinctly for certainty.
Three methods of title transfer.
Father done all formalities to transfer freehold, son treated property like own and sent off to Stamp Office, tried retracting transfer after fallout, held transfer had taken effect at law.
Every effort doctrine.
Handwritten signature.
Decided that rule in Re London does not apply to shares.
Bought house, said 'look its all yours', went bankrupt, no constitution of gift.
Three certainties.
Testatrix left £300 worth of annuities, 'for his sole use', on his death 'what is left to a number of beneficiaries', Found that husband was absolutely entitled to annuities as making a gift was dominant intention.
Gift/trust will be void if choice of a beneficiary will never be known.
Fortuitous vesting rule.
Intention to transfer shares to lover, not completed transfer form or handed share certificates over, died instate, children claimed and won.
Complete list test.
Dangled check above baby, decided there was lack of intention.
Received property from father's will trust, trustee of will trust also trustee of marriage settlement, decided that property vested in marriage settlement due to clause in trust.
Boyce v Boyce (1849)
Hunter v Moss [1994]
IRC v Broadway Cottages [1955]
Jones v Lock (1865)
Khan v Mahmoud [2021]
Knight v Knight (1840)
Lock v Heath (1892)
Mascall v Mascall [1984]
Milroy v Lord (1862)
Re Cole [1964]
Re London Wine Co [1986]
RE Ralli's Will Trusts [1964]
Re Rose [1952]
Sprange v Barnard (1789)
Strong v Bird (1874)
Wood v Smith [1993]
Zeital v Kaye [2010]
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