According to Sen v Headley [1991] Ch 425 and Re Bogusz (deceased) [2013] EWCH 1449 (Ch), [2014] 2 WLR 543 a dmc operates under a constructive trust. However, it is unclear why it would be unconscionable to deny perfecting the donee’s title in the absence of any reliance on the gift (compare Pennington v Waine, see 5.6.1 above). Even more problematic is the suggestion in [ case ]that the conscience of the donor’s personal representative is affected (at [27]) even though the donor himself has done nothing unconscionable.
Answer
Re Bogusz
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#constitution #equity #law
Question
According to Sen v Headley [1991] Ch 425 and Re Bogusz (deceased) [2013] EWCH 1449 (Ch), [2014] 2 WLR 543 a dmc operates under a constructive trust. However, it is unclear why it would be unconscionable to deny perfecting the donee’s title in the absence of any reliance on the gift (compare Pennington v Waine, see 5.6.1 above). Even more problematic is the suggestion in [ case ]that the conscience of the donor’s personal representative is affected (at [27]) even though the donor himself has done nothing unconscionable.
Answer
?
Tags
#constitution #equity #law
Question
According to Sen v Headley [1991] Ch 425 and Re Bogusz (deceased) [2013] EWCH 1449 (Ch), [2014] 2 WLR 543 a dmc operates under a constructive trust. However, it is unclear why it would be unconscionable to deny perfecting the donee’s title in the absence of any reliance on the gift (compare Pennington v Waine, see 5.6.1 above). Even more problematic is the suggestion in [ case ]that the conscience of the donor’s personal representative is affected (at [27]) even though the donor himself has done nothing unconscionable.
Answer
Re Bogusz
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Open it uctive trust. However, it is unclear why it would be unconscionable to deny perfecting the donee’s title in the absence of any reliance on the gift (compare Pennington v Waine, see 5.6.1 above). Even more problematic is the suggestion in <span>Re Bogusz that the conscience of the donor’s personal representative is affected (at [27]) even though the donor himself has done nothing unconscionable.<span><body><html>
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