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The main topics that will be covered include the Re ROSE principle, the Rule in STRONG v BIRD, Donationes Mortis Causa, and Proprietary Estoppel.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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Introduction This statement is generally true under the maxim that 'equity will not assist a volunteer,' as a volunteer is said to have done nothing for the benefit of the gift in the form of consideration for equity to impose specific performance on the settlor to perform in accordance with any declaration made in the donees favour in a situation where the promise is gratuitous1 or the trust is unconstituted, (e.g. where the legal title of the property subject to the trust has not been transferred to the trustee or where the settlor has not declared himself trustee, or where an outright assignment (gift) has not occurred). As the intention of the settlor is key to this equitable maxim, the issues surrounding gifts (e.g. any transaction which benefits an individual who has not paid for it or given consideration) will be considered in light of the above maxim, and how in different...
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