Why study the hard way when you can do it the smart way?

Online Legal Coach was built for law students preparing for their exams. Discuss your tutorial questions in our forum and have them answered by legal experts, and prepare for your exams with our study guides and videos on every law subject. 

Sign up for your free membership today!

As a member you get access to our study guides, student forum, form your online study groups and participate in contests. Get the head start in your law exams! Sign up now for free.

Cain v Moon [1896] 2 QB 283

 

This case laid down 3 conditions for making  a "deadbed Gift" / Donatio Mortis Causa - (Latin, means "gift on the occasion of death") which is made during the lifetime of the donor, conditional and takes effect upon death of the donor. According to Lord Rusell in Cain v Moon, three conditions must be satisfied:

i) The gift must have been made in contemplation of death

ii) The right or property must be delivered to the donee prior to donor’s death

iii) If donor does recover, the property will revert back to donor

 


NOTES:

1.This rule is contrary to S9 of Wills Act  which required testamentary disposition to be done by signed, witnessed writing , thus the court is essentially perfecting an imperfect gift.

2. This is one of the exceptions to the general rule of Milroy v Lord ,where court is perfecting an imperfect gift.