Posted: December 10th, 2014

Equity and Trusts

Order Description

Instructions to be followed:

The two Areas of law of trusts to be used:

“Formalities” and “Constitution” of trusts.
Make sure to use all the necessary cases and legislations and authorities to back up your arguments.

N.B: Argue Gifts (CHEQUE) is Enforceable in 275 words.

Scenario Outline
Recently Lady Amey had various dealings concerning her property with certain of her family and friends. Unfortunately, she has now quarrelled with them, and wishes to halt, reverse or annul these processes so far as she lawfully can. Since the property concerned was mostly valuable – and also of course because of the quarrels – the family and friends in question were resisting that and insisting that the transactions are complete or at least enforceable.

Most of these disputes have been settled amicably enough, but three remain outstanding, where no compromise has proved possible. Instructing Solicitors for Lady Amey and the family and friends concerned have agreed to conduct the now-inevitable proceedings thus: they have provisionally agreed the facts and are asking the Court initially to rule merely on what would be the applicable law and its consequences for those facts if duly proved. The cases have been brought together for convenience, since the facts and issues are not dissimilar.
The three outstanding disputed transactions are the following:

Question: Lady Carol and the Cheque
One day Lady Amey was being visited by her cousin Lady Carol. Lady Amey was explaining how she was reducing her future Inheritance Tax bill by giving away spare property now, when Lady Carol commented pointedly that she would be happy to help with this project. Lady Amey rummaged quickly through her handbag and found a cheque for £3,000 that someone had made out to Lady Amey.
“Here, you can have this,” said Lady Amey, “this can be your contribution.” Carol was happier at this, and took the cheque. “It will help me to pay my own bills too,” she replied.
However, Lady Carol’s bank refused to accept the cheque when she tried to pay it in to her account, because it was made out to Lady Amey. Carol is therefore suing to enforce completion of the gift, which Amey resists.

Argue that Gift (cheque) is Enforceable

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