Constructive Trusts

Question 1

Keech v Sandford

Answer 1

Money is held on CT when person in a fiduciary office earns unauthorised profits as a result of their position

Question 2

Stack v Dowden

Answer 2

65-35
Not equal, presumption of equality rebutted
Did not intend their shares to be equal

Question 3

Jones v Kernott

Answer 3

Whole course of dealings taken into account
90-10
Presumption of JT rebuttable only if parties had a different common intention

Question 4

Fowler v Barron

Answer 4

Joint names presumption not rebutted even though C had made no contributions to purchase price or mortgage payments

Question 5

Boardman v Phipps

Answer 5

Fiduciary must obtain permission on obtaining profits.

On the whole fiduciaries must not make a profit or be in position where duty and interest conflict

Question 6

Simpson v Simpson

Answer 6

s.53 (1) (b)

Agreement signed stating property was to be on CT for daughter, enough to satisfy statute

Question 7

Gissing v Gissing

Answer 7

Contributions other than financial can create an interest in the home

Question 8

Westdeutsche Landesbank

Answer 8

CT do no require formalities on creation

D must know that he has dealt with the property unconscionably