Equity’s role of consice is good as it is fair and
flexible in allowing the system to be more just legal system A fair outcome is
reached such as in the case of Mascall v Mascall this is a good example of the
how the rules operate in Re rose. In Mascall v Mascall the settlor wanted to
transfer his house to his son he filled the form complted all parts and gave
the form to his son which was then posted to wrong place. Later the settlor
wanted to make the transfer void1
it was held by Court of Appeal that as the settlor done everything he could in
his power (by comleting the form and giving it to his son to post) therefore the
action of the third parties would not count as it was outside the settlors
control.brown wilkinsion LJ in mascall
and mascall held
that ‘a gift is complete as soon as the settlor has
done everything he has to do… as soon as the transferee has within his control
all things necessary to enable him to complete his title’

1 ibid


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