Thursday 7 April 2011

5 - Equity will not Assist a Volunteer - Exceptions

Source - Unlocking Trusts

Here is the summary of this chapter:

1) The Rule of String v Bird - contrast this rule with the one laid down in Freeland ("future" gift), Wale (no continuous intention), James (rule extended to intestacy)

2) Donatio mortis causa - prerequisites: (a) contemplation of death (b) conditional on death (c) parting with the dominion, see relating to cash, cheque, land [is also possible], stock and shares

3) Proprietary estoppel - Old test 5 probanda: (a) plaintiff's mistake as to his legal right (b) plaintiff has expended money (c) defendant's existence of right inconsistent with plaintiff's right (d) defendant must know plaintiff's mistake (e) defendant must have encouraged plaintiff to spend money; modern test: unconscionability

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