Equity Will Not Complete An Imperfect Gift
If a donor has made an imperfect gift, i.e. lacking the formalities required at common law, equity will not assist the intended donee. This maxim is a subset of equity will not assist a volunteer .
Note the exception in Strong v Bird (1874) LR 18 Eq 315. If the donor appoints the intended donee as executor of his/her will, and the donor subsequently dies, equity will perfect the imperfect gift.
Read more about this topic: Maxims Of Equity
Famous quotes containing the words equity, complete and/or imperfect:
“If equity and human natural reason were allowed there would be no law, there would be no lawyers.”
—Christina Stead (1902–1983)
“It is easier to live through someone else than to become complete yourself.”
—Betty Friedan (b. 1921)
“Behind every individual closes organization; before him opens liberty,—the Better, the Best. The first and worse races are dead. The second and imperfect races are dying out, or remain for the maturing of the higher. In the latest race, in man, every generosity, every new perception, the love and praise he extorts from his fellows, are certificates of advance out of fate into freedom.”
—Ralph Waldo Emerson (1803–1882)