legal aquisition and transfer of title to property

two types of personal property

tangible - choses in possession - chatte;s

intangible - choses in action

what are the two ways chattels are transferred

informally, by delivery

formally, by deed

informally, by delivery - two requirements

1. an intention to give

2. a legally recognised form of delivery

Glastier-Carlise v Glastier-Carlise (1968)

confirms that the relevant intention is of the donor

3 types of legally recognised delivery

• actual

• constructive

• symbolic

actual delivery

physical handing over of the item

Re Cole (1968)

husband told wife furniture was 'all yours’ - held no valid gift as there was no actual delivery and words of gift are insufficient to transfer property

constructive delivery

donor puts donee in the position where they can take phsycial possession of the item th

thomas v times book company [1966]

effective constuctive delivery as T gave words of gift and put porducer in the posesion to take delivery of the object as a gift

symbolic delivery

trasnfer by something representing the item

lock v heath (1892)

husband wished to give wife furniture - oinly one chair given and an inventory with all items - consituted effective symbolic delivery

formally, by deed - requirements of a deed

• must be clear it is intended to be a deed

• be signed with a witness

• be delivered as a deed

requirements for the legal assignment of debt

must be assigned in writing, must be signed, express notice must be given to the debtor

two step process for transferring shares in a private company

1. transfer in statutory form signed by the transferor

2. registration