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george b

insured or not

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mla    183
10 hours ago, george b said:

, some of that is just wrong. The law established two level of control. One being rk and the other being keeper. Ie the one that has control on a day to day basis. Its the keeper rather than the owner that would face prosicution for permitting no insurance. There are no other legal states and no legal basis for the advice they give there that the owner should be on the v5

Putting whether or not such a thing as a "Registered Owner" exists aside for a moment, as it does not matter for the point of the constitution of the gift, which is the important thing here.

If A tries to gift an item X to person B and in doing so must go through legal formalities to do so (such as with land where S1 LPA 1925 applies) but fails to do so, excluding certain circumstances such as the "every effort test" in Re Rose [1952], then the gift fails.

Thus, as dad did not go through the formalities of transferring the "ownership" of the car to the daughter then she does not own the car, dad still does.  His assertions to the contrary will fail for this reason meaning the determination of whether or not insured under his policy is a matter of contract and if his policy states "another car not owned by you", then he would, prima facia, not be covered by this policy.

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george b    36
1 hour ago, mla said:

Putting whether or not such a thing as a "Registered Owner" exists aside for a moment, as it does not matter for the point of the constitution of the gift, which is the important thing here.

If A tries to gift an item X to person B and in doing so must go through legal formalities to do so (such as with land where S1 LPA 1925 applies) but fails to do so, excluding certain circumstances such as the "every effort test" in Re Rose [1952], then the gift fails.

Thus, as dad did not go through the formalities of transferring the "ownership" of the car to the daughter then she does not own the car, dad still does.  His assertions to the contrary will fail for this reason meaning the determination of whether or not insured under his policy is a matter of contract and if his policy states "another car not owned by you", then he would, prima facia, not be covered by this policy.

but there are no legal formalities involved in gifting a car, unlike land. There is no such thing as a registered owner. Or any requirement to register a change of owner. With the authorities' 

the only requirement is to tell them that you are no longer the register keeper of the car. As dad wished to remain the rk, there is no requirement to do anything

 

rather you than go back and forth, perhaps you Mau wish to quote the law you are using to suggest that a legal process is required to chance ownership

Edited by george b

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Beaker    64
1 minute ago, george b said:

but there are no legal formalities involved in gifting a car, unlike land. There is no such thing as a registered owner. Or any requirement to register a change of owner. With the authorities' 

 

No, but if you want to prove you own a car and the V5 doesn't currently have your name on it they expect you to have either a receipt, or be able to contact the owner to confirm it's been sold.  I know that from being the guy in a car he'd just bought that got pulled over.  

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george b    36
3 minutes ago, Beaker said:

No, but if you want to prove you own a car and the V5 doesn't currently have your name on it they expect you to have either a receipt, or be able to contact the owner to confirm it's been sold.  I know that from being the guy in a car he'd just bought that got pulled over.  

how would you get a receipt for something given as a gift.

did your parents formally register the change of ownership of your lego

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Sapor62    108

This topic has been locked as it was off topic from the original debate, the thread looks very untidy and user(s) are digging/insulting each other.

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