Exceptions To The Maxim - Equity Will Not Assist A Volunteer Flashcards
Re Rose Rule
Provided the transferor has done everything in their power to transfer property, equity will regard it as effective, although some action is required by a third party to complete the transfer of title.
Strong v Bird
If a donor makes an imperfect lifetime gift and intended donee becomes executor or administrator on their death, the gift is perfected, provided the donor had a continuing intention to make the gift up until their death (a cheque can negate intention).
Donatio Mortis Causa
Where the donor:
- Made the gift in contemplation of their death from a particular cause (although does not matter if they died from some other cause);
- Intended the gift to be conditional on their death; and
- The donor delivered the subject matter of the gift to the donee.
Estoppel
Where the donor made an imperfect lifetime gift or promise and the donee relied on the donor’s promise of that gift and suffered a detriment as a result, the gift is perfected.
