LAW4170 Study Guide - Final Guide: Susan Kiefel, Fundamental Breach, Contra Proferentem
Document Summary
Advise sarah smith, who is one of two of carol"s surviving nieces, of the legal effect of each of the dispositions in clauses 1-4 of the letter dated 15 january: [18 marks] One quarter of my shares in x-tel ltd, to deal with as you think fit, but otherwise on condition that within 2 years you give the shares to my nieces. Three issues were required to be addressed in relation to this clause: certainty of subject matter; certainty of intention; and assignment in equity. Certainty of subject matter: while there have been suggestions that identification of specific shares may be required, this was rejected in hunter v moss and white v. Shortall, where it was held that, provided the shares are in a specified company there will be sufficient certainty. Here, as the subject matter is shares held by cc in a specific company (x-tel ltd) there is apparently sufficient certainty of subject matter.
