Topic%204%20-%20Part%202%20-%20Assignments

Donors intention to give lawrence j gift complete

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donor’s intention to give Lawrence J: gift complete where chattels have been delivered to donee as bailee or in any other capacity, so long as they are actually in his possession at the time of the gift to the knowledge of the donor
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29 Thomas v Times Book Co Ltd  [1966] Dylan Thomas lost his original manuscript of Under Milk Wood and told a BBC producer that he could have it if he could find it The gift was complete when the producer later found the manuscript in a pub Since Thomas was alive and had not revoked the gift, his intention to give continued until the producer obtained possession This case shows a reversal of the facts in Re Stoneham – elements can be in either order
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30 Potential Issues with Chattels Often there is a problem with delivery: possession requires both control of the thing and an intention to possess it If the transferor intends to transfer and the recipient to receive, the issue becomes whether the recipient obtained control Ask is the recipient able to exclude others, including the transferor, from the item This requirement reduces the risk of persons fraudulently hiding assets from their creditors in the event of bankruptcy
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31 An Example Suppose you visit my house and I point to a book across the room and say “you can have that book” Has a valid transfer occurred? Evidence of intention clear Consider who has possession of the book – issue of control relevant Would your answer change if we were joint owners? Joint possession complicates matters – need possession which excludes the transferor
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32 Summary - Assignments of Legal  Property First ascertain that the property is presently owned Then determine which of the legal transfer requirements apply Ask if those requirements have been met If not ask if the donor has done all that he alone can do and is it beyond his recall? If yes, equity will recognise the failed legal assignment – we’ll use the flowchart later What about equitable property?
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33 Assignments of Equitable Property If the property is equitable in nature it can only be transferred in equity Examples are: Beneficial rights under a trust Interest in a partnership Equitable interests in land, such as an equitable mortgage or an equitable lease Test is the same as for a part chose in action. You need a clear expression of an immediate manifest intention to assign the property
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34 Manifest an Immediate Intention From Norman’s case we know an assignor has to demonstrate or manifest an immediate intention to transfer the property No particular written form is required to manifest that intention The best possible way of manifesting that intention is to execute a deed – Windeyer J in Norman’s case Other forms of writing may be sufficient e.g.
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