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4 Cards in this Set
- Front
- Back
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Resulting Trusts |
Arises where the legal estate is held in the name of one or more Persons but the purchase money for the property was provided by someone not on the legal title. Bull v Bull BUT - did not lend itself to a fair divisions of value in the context of family hike and is therefore not used in domestic scenarios. |
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Definition of constructive trusts |
Common intention of the parties whether actual or implied is crucial. Drake v Whipp there should be common intention that the party who is not the legal owner should have a beneficial interest and the party should act on his detriment in reliance there on. Two types: 1. Express agreement 2. Implied agreement |
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Express agreement |
Evidence that some agreement or understanding was reached about shared ownership a trust will exist. The non-legal owner must also prove detriment was undertaken in reliance of agreement. Eves v Eves (not legal owner - age & manual work) Grant v Edwards (not legal owner - prej. In divorce & contributed finances) |
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Express Agreement |
Common intention from conduct of the parties and non-legal owner must show detriment in reliance of intention. Gissing v Gissing (no EA - indirect financial contribution) Lloyds Bank v Rosset (only contribution to purchase price or mortgage count) Stack v Dowden Jones v Kernott |
