Property Law - CT Rationales Flashcards Preview

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Flashcards in Property Law - CT Rationales Deck (48):
1

Who categorises CTs through taxonomy - event and response?

Birks

2

Four types of events which might trigger CT?

Wrong, tracing, unjust enrichment and agreement-based

3

Example of UE being considered to trigger CT?

Chase v Manhattan Bank

4

Why are family homes not included in agreement-based event triggering CT?

Can be imputed intent, so no real intent

5

Who argues Chase v Manhattan was an RT case?

Chambers

6

Who finds the event triggering CT is intent to dispose of property + reliance on intent?

Chambers

7

Event triggering PE

Detrimental reliance which need not have anything to do with acquisition

8

Remedy for PE

Minimum equity to do justice

9

How does the remedy for PE differ from CT?

CT held to promise, as opposed to minimum equity to do justice

10

four rationales for CT

Fraud, disapplication thesis, loss and advantage

11

First case of MW reported

Dufour v Pereira

12

What suggests in Dufour v Pereira that fraud underlies CT?

'B is seduced by the fraud of A'

13

What suggests in R v B that fraud underlies CT?

LJ Lindley refers to SoF not preventing proof of fraud

14

What suggests in P v M case law that fraud underlies CT?

Three words in all - 'fraud', 'inequitable' and 'unconscionable'

15

What two academics dispute fraud as being the underlying basis for CTs?

Liew and Rickett

16

What is Liew's conclusion about fraud and CTs?

Fraud describes state of affairs CT prevents ONLY - not a causative event

17

Who argues fraud describes a state of affairs ONLY - not a causative event?

Liew

18

Who argued unconscionabilit/fraud is a lazy way of explaining CTs?

Rickett

19

Who highlights how we should not refer to fraud/unconscionability as underlying CT because non-specific and not required for coherence?

Rickett

20

Academic on disapplication thesis

Swadling

21

What rationale gives a new meaning of ET?

Disapplication thesis

22

What rationale challenges p sovereignty?

Disapplication thesis

23

Why does Liew challenge Swaddling's thesis?

No ET on facts in R v B so not within formalities anyway

24

Why does McFarlane challenge Swadling's thesis?

If fraud is the concern, remedy through RT - no need to enforce promise

25

What academic gives the loss rationale of CT?

Gardner

26

Gardner rationale for CT

Loss

27

What is the loss rationale for CT?

Correct detrimental reliance by binding B to promise

28

Why is the loss rationale not likely?

No need for detriment and courts do not survey loss

29

McFarlane on loss rationale?

Failure to explain why CT doesn't always arise in PE, despite same drawer

30

Advantage rationale of CT academic

McFarlane

31

McFarlane CT rationale

Advantage

32

What is the advantage rationale?

C received property subject to a condition, by which he received an advantage which holds him to his condition

33

What case explains the advantage rationale - if ignorant, no CT because no condition

Chalmers v Chalmers

34

What rationale explains why, in Neale v Willis, CT despite undertaking given to neither A nor C

Advantage

35

Why does McFarlane not include MWs in advantage rationale?

B's own property is involved

36

How could MWs be included in advantage rationale?

Focus on Liew's trust fund analysis

37

What does Liew allow will fall outside of advantage rationale regardless of trust fund analysis in MW?

Re Dale

38

Quistclose v Barclays general

Afloat through dividends, separate accounts

39

Quistclose v Barclays judgment

Lord Wilberforce - only means primary purpose to pay then when impossible secondary RT

40

What case tried to explain Quistclose v Barclays without breaching beneficiary principle?

Twinsectra v Yardley

41

Twinsectra v Yardley general

Loan for land, solicitor undertaking

42

Twinsectra v Yardley judgment

Lord Millett - RT for benefit of Q, with power to apply for intended purpose

43

What case saw emphasis on the fact that there was no intent for money to be at free disposal of recipient?

Twinsectra v Yardley

44

What did Lord Millett say in Twinsectra v Yardley to do with Chambers' RT?

His analysis of Quistclose fits with negative intention theory of RT

45

How did Lord Millett explain Quistclose extra-judicially?

ET

46

How did Penner think it best to describe Quistclose?

ET positive intention to avoid judges imposing trusts ad hoc - need positive satisfaction parties intended a trust

47

How does Liew think it best to describe Quistclose?

ET over RT, or CT if need formalities

48

Who argued both R v B and Quistclose respond to same causative events, and have same response?

Liew

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