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.
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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 (19021983)
“Down these mean streets a man must go who is not himself mean, who is neither tarnished nor afraid.... He is the hero, he is everything. He must be a complete man and a common man and yet an unusual man. He must be, to use a rather weathered phrase, a man of honor, by instinct, by inevitability, without thought of it, and certainly without saying it. He must be the best man in his world and a good enough man for any world.”
—Raymond Chandler (18881959)
“The mere existence of conscience, that faculty of which people prate so much nowadays, and are so ignorantly proud, is a sign of our imperfect development. It must be merged in instinct before we become fine.”
—Oscar Wilde (18541900)