LAWS2012 - Introduction to Property and Commerical Law - COMPREHENSIVE SCAFFOLD

Description

Obtained a final mark of 75+ and notes cover topics for the Finals and MidSem Topics Covered: 1. Choses in Action (a) Choses in Action Generally (b) Types of Equitable Choses in Action (i) Interests Arising Under a Trust (ii) Interests Arising Out of Equity of Redemption (iii) Interests Arising Under Unadministered Estates (‘Livingston Rights’) (c) Choses in Action Incapable of Assignment 2. Assignment and disposition of interests (a) Assignment of Future Property (b) Legal Assignment of Legal Interests (i) Legal assignment of legal interest in old systems land (ii) Legal assignment of legal interest in Torrens title land (iii) Legal assignment of ownership in chose in possession via lost and found (iv) Legal assignment of ownership in chose in possession via gift (v) Legal assignment of ownership in chose in possession via SOGA (vi) Legal assignment of ownership in chose in possession via gift donation mortis causa (vii) Legal assignment of possessory interest in chose in possession via bailment (viii) Legal assignment of legal interest in chose in action (debt or chose in action) (ix) Assignment or disposition of shares (c) Equitable Assignments of Legal Interest (i) Equitable Assignment of future property (ii) Equitable Assignment of a part chose in action (not assignable at common law) (iii) Equitable Assignment of legal interest property without consideration (gift) (iv) Equitable agreement to assign legal interest in real property for consideration (v) Equitable Agreement to assign other legal interests for consideration (d) Equitable Assignments of Equitable Interest (i) Has there been a declaration of trust? [Not a disposition] (ii) Has there been an agreement or contract to declare a trust? [Not a disposition] (iii) Contract for value to assign [Not a disposition] (iv) Direction to trustee to hold on trust for the beneficiaries [Disposition] (v) Direction to trustee to transfer full legal and beneficial ownership collapsing trust [Not a disposition] (vi) Release to trustee / disclaimer of gift [Uncertain] 3. Priority Regimes (a) Priorities under the Sale of Goods Act (i) Nemo dat (a person can’t give what they don’t have) quod habet and exceptions (b) General Law Priority Rules: Contests between legal and equitable interests (i) General Law Priority Rules (ii) Prior legal interest vs subsequent equitable interest (iii) Prior equitable interest vs subsequent legal interest (c) General Law Priority Rules: Contests in Equity (i) Prior equitable interest vs subsequent equitable interest (d) Result of priority contest