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Equity And Trusts > Contructive trusts > Flashcards

Contructive trusts Flashcards

1
Q

Paragon Finance v thakerer 1999

A

Constructive trust arises when unconscionable contract

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2
Q

When would CT arise

A

Unauthorised profits of fiduciary
Ownership of family home
Creates propriety Interest = better remedy than RT

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3
Q

Midland Bank v Cook

A

Married couple & Lender splitting house

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4
Q

Categories Lloyd Bank v rosset 1990

A

1) express agreement plus detrimental reliance or
2) conduct demonstrating common intention- <direct></direct>

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5
Q

What case sets out 2 catagories for CT

A

Lloyds bank v Rosset 1990

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6
Q

Cat 1

A

Agreement - Lord bridge
‘express discussions between partners however imperfectly remembered. made prior to acquisition”

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7
Q

Unguirian v Lesnoff 1990

A

Vague recollection of conversations 20 years ago sufficed

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8
Q

Eves v Eves 1975

A

Excuse to why C couldn’t go on the deed might suffice

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9
Q

Grant v Edwards 1986

A

Detrimental Reliance, paid bills & house kept & raised children

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10
Q

Hammond v Mitchell 1991

A

Detrimental reliance > raised kids, supported business

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11
Q

Wayling v Jones 1993

A

Worked for little money in reliance of property

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12
Q

Oxley v Hiscock 2004

A

Direct contribution = CT

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13
Q

Lefoe v lefoe 2001

A

In direct contribution sufficed as exception

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14
Q

Braggs v Braggs 2003

A

Direct Contribution didn’t result in interest

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15
Q

Midland v Cooke (Quantifying share)

A

Take into the account all the conduct

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16
Q

Oxely v Hiscock 2004 <quantifying></quantifying>

A

Look @ whole course of dealing

17
Q

Stack v Dowden 2007 quantifying shares

A

Starting point is 50/50 presumption
But rebutted in exceptional circumstances

18
Q

Jones v Kernott 2011

A

Departed from 50/50 Share

19
Q

Capethorn v Harris 2015

A

No contribution to property made to property and contributions to business can’t be relied upon > no interest

Equity And Trusts (9 decks)

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