Formalities

Question 1

Benefits of formalities

Answer 1

Warns the parties who are entering into a transaction that their actions may have legal consequences Makes them stop and thinkAvoids rash decision makingParties cannot easily slip into a transaction If you write things down you see the gaps Clarifies rights and obligations

Question 2

What are the best formalities?

Answer 2

Those that are required for the transaction to be legally valid

Question 3

What else does formality protect from?

Answer 3

Pressure and duress

Question 4

Evidentiary aspect of formalities

Answer 4

Writing shows proofGives the courts something to work off

Question 5

Formalities from the view point of the state

Answer 5

Allows collection of taxes Gives data about the property market

Question 6

Not legal unless a deed

Answer 6

S52 LPA 1925

Question 7

The idea of channelling (fuller)

Answer 7

Channels the parties towards a particular legal goal

Question 8

A legal estate can be created only by deed

Answer 8

LPA 1925 s52(1)

Question 9

A legal estate is defined

Answer 9

LPA 1925 s205(2)(x)

Question 10

Conveyance includes a mortgage and a lease

Answer 10

LPA 1925 s205(1)(II)

Question 11

Is a deed enough to be legal?

Answer 11

Not in most cases, most need the title to be registered

Question 12

A deed used to have to be signed, sealed and delivered

Answer 12

From 1926-1989

Question 13

The need for a deal to be sealed was abolished in… By section…

Answer 13

1989LP(MP)A 1989 s1 (1)(b)

Question 14

You need to make it clear that a deed is a deed

Answer 14

S1(2)(a) LPA

Question 15

A deed needs to be signed witnessed and delivered

Answer 15

LPA 1925 s1(3)

Question 16

Exceptions to a deed

Answer 16

Includes leases or tenancies not required by law to be made in writing LPA s52(2)(d) Not required for a term not exceeding 3 years

Question 17

What is a periodic tenancy?

Answer 17

No defined end to the lease

Question 18

Is a periodic tenancy an exception?

Answer 18

S54(2) It is an exception as each period of the tenancy is less than 3 years

Question 19

EquityAny interest I. Land must be created or disposed of in writing signed by the disponor or her agent

Answer 19

LPA s53(1)(a)

Question 20

EquityA declaration of a trust in land must be evidenced in writing, signed by some person who is able to declare such trust

Answer 20

LPA s53(1)(b)

Question 21

EquityThe disposition of a beneficial interest much be in writing and signed by the disponor or her agent

Answer 21

S53 (1)(c)

Question 22

EquityA contract to dispose of an interest in land

Answer 22

LP(MP)A s2

Question 23

A contract to dispose land under equity must:

Answer 23

Be made in writingIncorporate all the agreed termsBe signed on the behalf of all parties

Question 24

Section 2 formalities do by apply to

Answer 24

Leases for a term not more than 3 years Trusts

Question 25

Yaxley v gotts

Answer 25

The use of constructive trust to overcome a void contract Money Loss of opportunity

Question 26

The formalities for a will

Answer 26

Wills act 1837 s9Must be in writingTwo witnessed (at the same time)Witnesses must attest and sign the will in the testators presence

Question 27

Proprietary estoppel

Answer 27

Can be used as a sword or a shield

Question 28

Willmott v barber

Answer 28

Says that A must know of Bs mistaken belief for PE

Question 29

Taylor fashions ltd

Answer 29

Need not amount to the promise of a specific proprietary right so long as it is certain enoughPE

Question 30

What are the ingredients for PE?

Answer 30

EitherAssurance or promiseORAcquiescence

Question 31

Dilwyn v Llewely

Answer 31

Assurance in PEIndicates to B that B has a right

Question 32

Crabby v Arun

Answer 32

Promise indicates to B that B will squire a right in the future

Question 33

Taylor v Dickens

Answer 33

Promise to leave property by will

Question 34

Munt v Beasley

Answer 34

Acquiescence- a merely passively stands by while B acts to her detriment

Question 35

Where do we find equity?

Answer 35

LPA s1 (3)

Question 36

Greasley v Cooke

Answer 36

Reliance often involves Bs expenditure of money But not necessarily In assurance or promise cases, reliance is readily inferred from detrimental acts

Question 37

Coombes v smith

Answer 37

Bs act must have been done in reliance or As assurance, promise or acquiescence

Question 38

Gillett v holt

Answer 38

detriment must be substantial Promises of inheritance which saw G act to his detriment Unconscionability- the extent of the detriment Remedy- transfer of some of the property

Question 39

Stevens and cutting v Anderson

Answer 39

The onus is on B to show that she acted to her detriment

Question 40

Unconscionably

Answer 40

Relates to A later denying B use of the landThis is NOT ENOUGH by itself, but a necessary ingredient

Question 41

Cobbe v yeomans row management

Answer 41

Planning permission the developer did not have a claim in PE Unconscionability- whether the parties are in business and should have realised the need for formalities

Question 42

Factors included in unconscionability

Answer 42

The relative positions of A and BExtent of the detrimentWhether the parties are in business and should have realised need for formalities

Question 43

Sled more v Dalby

Answer 43

Unconscionability The relative positions of A and B Remedies- unjust enrichment

Question 44

Throner v major

Answer 44

The court considered estoppel generally and the assurance required to be relied upon as PE

Question 45

what we need for PE

Answer 45

AssuranceReliance on assuranceDetriment cannot be minimal Such circumstances that it would be unconscionable to allow the landowner to escape from his promise (why oral assurances can be enforced despite non- compliance with formalities)

Question 46

Jennings v rice

Answer 46

RemediesThe court has a wide discretion to satisfy the equity, but the relief must be designed to avoid an unconscionable result Most important = proportionality between expectation and detriment (remedies)

Question 47

Crabb v Arun

Answer 47

RemediesWe need to use the minimum equity to do justice Remedy- easement

Question 48

Qualities to remedies

Answer 48

- expectation- detriment- unjust enrichment- proportionality

Question 49

Pascoe v turner

Answer 49

Remedies- expectationExpenditure of money in reliance of the encouragement and acquiescence of another party may create PE Remedy- conveyance of few simple

Question 50

Dodsworth

Answer 50

Remedies- an example of detrimentWere awarded right to occupation until cost of improvements reimbursed

Question 51

Re basham

Answer 51

Remedies Constructive trust

Question 52

Wayling v jones

Answer 52

RemedyMonetary compensation as land already sold

Question 53

Wood v smith

Answer 53

Writing in capital letters can be sufficient for a signature as it has intent

Question 54

First post homes v Johnson

Answer 54

Says we need a narrow understanding of a will, written by hand