CREATION OF TRUSTS - constructive

Question 1

constructive trusts arise

Answer 1

• where on a set of facts the court will impose a trust on conscinece grounds
• under a agt for sale and purcahse of fee simple the vendor is a quasi trustee prior to reg
• disputes where there are misunderstandigs, where one perosn is taken advantage of

Question 2

elements and what case do the elements arise from

Answer 2

lankow v rose
1. contrutions (direct or indirect) to the owners prop
2. an expectation to recieve an interest in prop
3. that such an expectation was reasonable
4. that the owner should reasonably expect to yeild an interest to teh claimant

Question 3

gillies v keogh

Answer 3

despite on going dircet contributiosn to their defactos house, no trust was imposed bc G expressed on numerous occasions that teh hosue was just theirs, constructive trsut will nto arise where the claimant ought to reasonably hae understoof they would nto recieve an interst

Question 4

lankow v rose

Answer 4

l and r were defacto couple for 10 years and upon separtation L left the relationship with over 500,000 more than R
HELD that there was a constructive trust over the hosue for r to reveive half as she assisted w L buiness reno and couple lived off her earnings