What does this maxim mean that Equity will not assist a volunteer

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HotShot A
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#1
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#1
What does that mean in the context of a trust, does that mean the donee needs to give consideration, if so how.

I would appreciate it if you could unconfuse my confusion, many thanks.
Last edited by HotShot A; 2 years ago
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IpsaLoquitur
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#2
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#2
Yes. Basically if the donor tries to make a gift but fails (and so retains ownership of the thing), equity will not assist a ‘volunteer’ (someone who has not given consideration) in their claim to get some property interest in the object.

Contrast the position with the person who does give consideration (assuming the contract is specifically enforceable) - the maxim ‘equity treats as done that which ought to be done’ would result in the donee having an equitable interest in the object since they ought to have gotten a legal one if the contract was performed.
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IpsaLoquitur
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#3
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#3
For these purposes, consideration has the same meaning as in contract law - the donee must give anything of legal value in exchange for the gift/promised gift.
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HotShot A
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#4
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#4
(Original post by IpsaLoquitur)
Yes. Basically if the donor tries to make a gift but fails (and so retains ownership of the thing), equity will not assist a ‘volunteer’ (someone who has not given consideration) in their claim to get some property interest in the object.

Contrast the position with the person who does give consideration (assuming the contract is specifically enforceable) - the maxim ‘equity treats as done that which ought to be done’ would result in the donee having an equitable interest in the object since they ought to have gotten a legal one if the contract was performed.
Thank you very much, so by volunteer they mean the alleged donee right?
Last edited by HotShot A; 2 years ago
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IpsaLoquitur
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#5
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#5
Yep.
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vieitaz
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#6
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#6
although in some cases of Donationes Mortis Causa this maxim can be irrelevant
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