Chapter 4 Multiple choice questions

. Which statement most simply explains what is meant when a person is the absolute owner?

The person has full ownership of the property with no person having any other interest in it.

The person owns the beneficial and legal title to property.

The person has an interest under a bare trust.

The person is the sole trustee of a trust.

. Which case sets out the three ways to benefit another with property?

Milroy v Lord (1862) 4 De GF & J 264.

Strong v Bird [1874] LR 18 Eq 313.

Cain v Moon [1896] 2 QB 283.

Gillett v Holt [2001] Ch 210.

. What is meant by the equitable maxim 'equity will not perfect an imperfect gift'?

When the legal formalities for transferring legal title to another person have not been carried out correctly the transfer is said to be imperfect. To make it perfect would require the formalities to be completed. Equity would apply the maxim to explain why equity will not step in to complete the transfer.

The gift has not been bought by the recipient correctly.

Equity will sometimes look at what the parties intended to do with their property and 'look at the substance rather than the form' of the transaction. If the parties intended to give another person the legal title equity will make sure that this is carried out.

The person making the gift does not have the legal power to do this and equity will stop them giving property away.

. Which of the following statements is false?

The valid transfer of the legal interest in chattels requires a deed or delivery and the intention to transfer legal title.

The valid transfer of the legal title in land requires a deed to be completed.

The valid transfer of a chose in action requires endorsement

The valid transfer of a leasehold in land requires delivery of the lease and the intention to transfer the lease.

. Why was the transfer of legal title in Richards v Delridge [1874] LR 18 Eq 11 imperfect?

Because a lease cannot be given to another person.

Because the lease had expired.

Because although the intention to transfer was in writing it was not by deed, as required by s52 LPA 1925.

The transfer was perfect as it was in writing as required by s52 LPA 1925.

. How must an equitable interest be disposed of under the Law of Property Act 1925?

The transfer must be in writing and signed by the transferee or their agent otherwise it is void.

The transfer must be in writing and signed by the transferee or their agent otherwise it is valid but unenforceable.

The transfer can be oral as long as it is later manifested and proved in writing.

You cannot transfer an equitable interest.

. Equity will perfect an imperfect gift under the principles in Strong v Bird [1874] LR 18 Eq 313. Which statement is correctly stating the requirements under the rule in Strong v Bird?

The transferee must take control of the gift and be a beneficiary under a will.

The transferor must have the intention to give the property when they die and the transferee must be the executor of the transferor's will.

The transferor must have an intention to give immediately; that intention must continue unchanged until death and the intended transferee must be the executor or personal representative under the transferor's will.

The person must intend to make a gift which is in contemplation of death, conditional on death and there is actual or constructive delivery of the property.

. Which is the correct authority to say that delivery for a donatio mortis causa over unregistered land can be the handing over of the relevant title deeds?

Re Lillingston [1952] 2 All ER 184

Woodard v Woodard [1995] 3 All ER 980

Re Dillon 1890

Sen v Headley [1991] Ch 425

. The 'every effort test' illustrated in Re Rose [1952] was avoided in Pennington v Waine [2002] EWCA Civ 227 by Arden LJ relying on which case?

Choithram International v Pagarani [2001] 1 WLR 1

Mascall v Mascall [1984] 50P & CR 119

Milroy v Lord [1862]

Re Fry [1946] Ch 312

. What would need to be proved to establish proprietary estoppel?

The courts will make a person fulfil a promise they made in relation to property where there has been a financial contribution to the property.

A clear promise; reliance on the promise and that it would be inequitable to go back on the promise.

Estoppel will be proven if there is conduct by the promisor which makes it unconscionable to let them refuse to transfer property.

There must be an attempted transfer of legal title which has failed and the transferor wants to complete the transaction.

Chapter 4 Multiple choice questions

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