Cases

Question 1

Miller v Jackson

Answer 1

Cricket club

Negligence (Injunction)

Question 2

Saunders v Vautier

Answer 2

Collapsing a trust

• absolutely entitled
• over 18
• of sound mind

Question 3

Curtis v Luken

Answer 3

Collapsing a trust with multiple beneficiaries

• sound mind
• abs entitled
• over 18
• all agree

Question 4

Re Smith

Answer 4

A discretionary trust can be 'Saunders v Vautier'ed if
there is a closed beneficiary group
all abs entitled
sound mind
(Versus what?)

Question 5

Sainsbury v IRC

Answer 5

potential beneficiaries have no propriety interest unless selected by the trustee
(Versus what?)

Question 6

Paul v Constance

Answer 6

Certainty of intention

marriage - bank account

Question 7

Palmer v Simmonds

Answer 7

Certainty of subject matter
- trust property itself
‘bulk of residue estate’
Harrison took absolutely

Question 8

Re Golay’s WT

Answer 8

Certainty of subject matter
- trust property itself
‘reasonable income’
(contrast with ?)

Question 9

Re London Wine

Answer 9

Tangible property

Not subject to trust

Question 10

Hunter v Moss

Answer 10

Shares
Intangible
Subject to trust

Question 11

Re Baden’s DT

Answer 11

Certainty of objects

‘Relatives’

Question 12

Re Barlow’s WT

Answer 12

Certainty of objects

‘friends’

Question 13

R v District Auditor ex p West Yorks MCC

Answer 13

Certainties of object

Administrative unworkability

Question 14

Boyce v Boyce

Answer 14

Beneficial entitlements
Sister picks, others goes to younger sister
No trust

Question 15

Knight v Knight

Answer 15

3 Certainties

Question 16

Re Adams and Kensington Vestry

Answer 16

Certainty of intention
‘in full confidence’
No trust

Question 17

Comiskey v Bowring Hanbury

Answer 17

Certainty of intention
‘in full confidence’
Is a trust

Question 18

Re Kayford

Answer 18

Certainty of Intention
No need for words
Mail order - segregated bank accounts

Question 19

Re Goldcorp Exchange Ltd

Answer 19

Certainty of subject matter
Gold bullion
No trust

Question 20

RC v Broadway Cottages

Answer 20

Certainty of Objects

Couldn’t identify entire list so it failed

Question 21

McPhail v Doulton

Answer 21

Certainty of object

Is or is not test

Question 22

Hodgson v Marks

Answer 22

Formalities
Exception to S53 1b LPA 1925
- s53(2) LPA 1925
Implied trust was created

Question 23

Grey v IRC

Answer 23

Formalities
6 grandchildren
The House of Lords held that there was no transfer of the equitable interest when the oral declaration was made (due to non-compliance with s53(1)(C)), but the disposition of Hunter’s interest in the shares was effective when the later declaration was made in writing (so stamp duty was payable)

Question 24

Vanderwell v IRC

Answer 24

Formalities
Impliedly uses his Saunders v Vautier powers
Does not need to comply w 531c (in writing)

Question 25

Neville v Wilson

Answer 25

Formalities Court of Appeal held that an equitable interest in private company shares could pass by virtue of a contractual constructive trust arising on a specifically enforceable agreement. Subject to specific performance Implied trust (53 s2) Wouldn’t then matter that agreement was oral because s53(2) would apply.

Question 26

Nelson v Greening & Sykes

Answer 26

Formalities Sub trust No 53 1c

Question 27

Re Paradise Motor Co Ltd

Answer 27

Formalities Disclaiming Not subject to 53 1c

Question 28

Milroy v Lord

Answer 28

3 ways to transfer property - gift (c), Transfer on Trust (c), self dec (no c) Equity will NOT imperfect an imperfect gift

Question 29

Jones v Lock

Answer 29

Application of Milroy v Lord | - Equity does not assist a volunteer

Question 30

Richard v Delbridge

Answer 30

Application of Milroy v Lord | - Court...not at liberty to construe words otherwise than according to peoper meaning

Question 31

Re Rose

Answer 31

Exception to Milroy v Lord! Equitable title was moved RULES - correct method of transfer must be used - Transferor must do everything within their power to effect the transfer - documentation must end up in the hands of the institution effecting the legal title transfer

Question 32

Mascall v Mascall

Answer 32

Extension of Re Rose 'softens' second requirement - transfer must be irrevocable by transferor Compare to Re Fry

Question 33

Pennington v Waine

Answer 33

Aunt - newphew - shares Technically not revocable Court decides this is unconscionable (look at this as estoppel!)

Question 34

T Choithram Int SA v Pagarani

Answer 34

PC treats transfer on trust as self declaration C unnecessary Unsconsionable to have gone back

Question 35

Strong v Bird

Answer 35

Fortuitous vesting Stepson - stepmum - debt - makes him the executor RULES - immediate intention to make a gift - continuing intention to make a gift - recipient must be made the personal representative

Question 36

Re Freeland

Answer 36

Immediate intention to make a gift | Car

Question 37

Re Gonin

Answer 37

Nothing to indicate the donor has changed their mind

Question 38

Re Ralli's WT

Answer 38

Extension of Strong v Bird Suggested a trust becomes constituted if the trust property came into the trustee's hands in any legit way (ignores what case?)

Question 39

Re Brooks

Answer 39

Ring fenced nature of trusts | Contrast with what case?

Question 40

Cain v Moon

Answer 40

``` Donationes Mortis Causa RULES - contemplation of imminent death - Gift must be conditional upon death - Actual / construtive delivery of the property through the passion of dominion ```

Question 41

King v Dubrey

Answer 41

Application of Cain v Moon - imminent death NOT philosophical

Question 42

Woodard v Woodard

Answer 42

Application of Cain v Moon | Delivery of the property

Question 43

Sen v Headley

Answer 43

Application of Cain v Moon | Deeds in steel box, keys to box slipped into bag

Question 44

Thorner v Major

Answer 44

Proprietary estoppel - promise / assurance - detrimental reliance - flexible remedy (farm case)