In [ case ], CA held that a contract for valuable consideration to assign an equitable interest in shares in a private company operated to transfer the interest, despite the absence of writing required by s53(1)(c) LPA 1925. The making of a specifically enforceable contract creates a constructive trust in favour of the transferee, so the s 53(2 exception for ‘the creation and operation of resulting or constructive trusts’ applies and dispenses with the requirement for writing under s53(1)(c).
Answer
Neville v Wilson [1996] 3 All ER 171
Tags
#equity #formalities #law
Question
In [ case ], CA held that a contract for valuable consideration to assign an equitable interest in shares in a private company operated to transfer the interest, despite the absence of writing required by s53(1)(c) LPA 1925. The making of a specifically enforceable contract creates a constructive trust in favour of the transferee, so the s 53(2 exception for ‘the creation and operation of resulting or constructive trusts’ applies and dispenses with the requirement for writing under s53(1)(c).
Answer
?
Tags
#equity #formalities #law
Question
In [ case ], CA held that a contract for valuable consideration to assign an equitable interest in shares in a private company operated to transfer the interest, despite the absence of writing required by s53(1)(c) LPA 1925. The making of a specifically enforceable contract creates a constructive trust in favour of the transferee, so the s 53(2 exception for ‘the creation and operation of resulting or constructive trusts’ applies and dispenses with the requirement for writing under s53(1)(c).
Answer
Neville v Wilson [1996] 3 All ER 171
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Open it In Neville v Wilson [1996] 3 All ER 171, CA held that a contract for valuable consideration to assign an equitable interest in shares in a private company operated to transfer the interest, despite the absence of writing re
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