Equity XXVIII
16)
Equity will not perfect an imperfect gift. With regards to gifts unless some
form of consideration has been given equity will not intervene or compel the
donor or his estate to make good on a gratuitous promise. There are however
certain exceptions to this maxim for example the rule in Strong v Bird (1874) –
where the donor intends to pass his property to another and maintains that
intention until his death but for some reason or other fails to make the
transfer during his lifetime, the property becomes vested in the intended donee
as the donor’s executor, and the vesting of the property is deemed to be or is
seen as completing the gift.
Copyright
© 2019 by Dyarne Jessica Ward
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