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

It is whether the donor has done all that is

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It is whether the donor has done all that is necessary to place the vesting of the legal title within the control of the donee; and 2. Placed the item beyond the recall or intervention of the donor Equity looks at the substantive effect of what has been done to decide if the gift is complete
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23 Marchesi v Apostolou  [2007] The same solicitor acted for the donor “V” and the donee “A” in relation to transfer of TS property The transfer was never registered Case shows the importance of determining who the solicitor was acting for. Had he changed his “cap” so that he was now acting for donee, rather than donor? Held he was not acting in his capacity as solicitor for the donee A and the transfer was not valid
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24 Bluebottle v DCTaxation  (2007) Shareholders tried to assign their dividends Constitution specified that the company was obliged to pay members only and not assignees Equity “follows the provisions of company law and the constitution … which create and define the nature and scope if the rights with which equity deals under the assignments” An attempted assignment cannot circumvent the constitution
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25 Transfer of Cheque: Jones v Lock   (1865) A father J placed a cheque in his name for £900 in the baby’s hands and in the presence of his wife & nurse said ‘Look you here, I give this to baby’ Held there was no effective gift as the cheque was in his name and had not been endorsed over to the baby The intention to make a gift failed as the gift was imperfect and there was no valid declaration of trust
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26 Assignment of Chattels The most common way to transfer property rights to goods is by way of delivery of possession, coupled with the intention to transfer that right The intention defines the right and the transfer of possession gives effect to that intention Delivery of possession and the intention to transfer the property right must coincide Order doesn’t matter, so long as they coincide If either is missing, the intended right will not pass – when both present, legal title passed
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27 Need more than just possession You need more than just possession e.g. say you’re given a birthday present of a book and on the same day you borrowed a book from the library You possess both books, but have different rights in respect of them: Library book: only have temporary possession – a bailment Birthday book: a gift was intended, so you now own that book – delivery and intention coincided – effective delivery
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28 Re Stoneham  [1919] Chattels – oak furniture, arms & armour were in dispute The P had possession of his grandfather’s furniture for 2 years before his grandfather said he could keep it The grandfather made a gift to P in his will of ‘the furniture and effects in his possession at Beredens’ Issue was whether he still possessed them The gift was effective, without a separate act of delivery, because the donee’s possession coincided with the
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