2848236
Description
Flashcards by Robin Pearce, updated more than 1 year ago
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Created by Robin Pearce
almost 9 years ago
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| Question | Answer |
| What are the 3 certainties? | 1. Intention 2. Subject matter 3. Objects |
| case 3 certainties came from? | Knight v knight |
| Process for inter vivos gift? | 1. Mental capacity 2. 3 certainties 3. Formalities for transfer |
| Certainty of intention - case for precatory wording cannot be used | Adams v Kensington Vestry |
| Certainty of subject - Case for Proportion of a tangible stock is too uncertain | London wine company |
| Certainty of subject - Case for Proportion of a intangible stock is certain | Hunter v Moss |
| Certainty of Subject - Case to say 'the bulk of my residuary estate' is too uncertain? | Palmer v simmonds |
| Certainty of subject - Case for if there is a way to calculate 'a reasonable income' such as where someone had already been getting a steady income this can be sufficiently certain? | Re Golay |
| Certainty of Object - what is the test and case for a fixed trust? | complete list test - IRC v Broadway cottages |
| Certainty of Object - what is the test and case for a discretionary trust? | 'is or is not' test - McPhail v doulten |
| Case which established conceptual certainty? | Re Baden - a class of beneficiaries must be 'conceptually certain' to satisfy the is or is not test of McPhail v doulten |
| What is conceptual certainty? | It is a linguistic test which means a class will be conceptually certain when the description enables the class to be clearly identified |
| What is the requirement for a 'complete list test? | It must be possible to draw up a 'complete list of beneficiaries' - from IRC v Broadway Cottages |
| Case which established the maxin 'Equity will not perfect an imperfect gift'? | Milroy v Lord - relating to incomplete share transfers |
| Case which established the maxin 'Equity will not assist a volunteer'? | Richards v Delbridge |
| What is the principle of Re Rose? | The 'every effort' test - if the transforor has done everythng in their power to complete the transfer and all other matters rest in the hands of a third party |
| What are the requirements of Strong v Bird? | 1. The donor intended an immediate gift of defined property 2. the intention remained unchanged until the donors death 3. The intended donee became the donors executer or personal representative |
| Case for unconscionable to retract a gift? | Pennington v Waine - if transferor has done everything in their power and either changes their mind or there is a third party fault and it would be unconscionable to go back |
| Case on 'administrative unworkability'? | R v District Auditor ex P West Yorks Met CC |
| DMC stands for? | Donatio Mortis Causia |
| Requirements for a donatio mortis Causia? | 1. Contemplation of death 2. Contingent on death 3. Actual or constructive delivery |
| Can a cheque come under a DMC? | Nope! The donors death terminates the banks authority to pay on it. If the cheque is paid before the bank is informed of the donors death and the account closed - in this case there would be a donatio of the money represented by the cheque rather than the cheque itself |
| Case which established a DMC | Cain v Moon |
| Opinion Clause - pub landlord? | Re Coxen |
| Opinion clause - chief rabbi | Re Tuck |
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