Order Description

 

EQUITY AND TRUST – LAW
Essay Question.

 

critically evaluate the principles governing:

• The legal requirements relating to the transfer of property
• The equitable principle of conscionability, and how this principle is applied with reference to case law
• How this equitable principle attempts to remedy the strict common law principles with particular reference to the transfer of property

 

 

The classic explanation of the rule of constitution is that of Turner L J in Milroy v Lord [1862] 4 De.G.F.& J. 264 at 274:
In order to render a voluntary settlement valid and effectual the settlor must have done everything which according to the nature of the property comprised in the settlement was necessary to be done in order to render the settlement binding upon him
There is no equity in this court to perfect an imperfect gift. Critically evaluate this statement and its application in the light of subsequent case law.

 

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