Family Property

Question 0

Curley v Parkes

Answer 0

to generate an equitable interest under a resulting trust, the payment towards the purchase price must be made at the time of acquisition of the property

Question 1

Westdeutsches LB v Islington

Answer 1

A resulting trust arises where:

• voluntary payment or money contributions are made –> presumption that no gift was intended
• the trust declared does not exhaust the whole beneficial interest

Question 2

Shepard v Cartwright

Answer 2

Claimants attempting to rebut a presumption of resulting trust may only produce in evidence only acts done and statements made before or at the time of acquisition of property. Subsequent declarations are valid only against the party who made them

Question 3

Gascoigne v Gascoigne

Answer 3

No resulting trust arises if the transfer of property served an illegal or fraudulent motive

Question 4

Tribe v Tribe

Answer 4

Gascoigne v Gascoigne does not apply if the illegal purpose failed

Question 5

Lloyds Bank v Rosset

Answer 5

A common intention constructive trust arises if:

1) there was a common intention between the parties that both were to have a interest
2) she acted to her detriment as a result of hat common intention

Question 6

Le Foe v Le Foe

Answer 6

Common intention can be inferred from indirect contributions to the purchase price

Question 7

Pallant v Morgan

Answer 7

Constructive trust in commercial reality: 1) arrangement contemplating B will obtain some interest 2) detriment by B 3) A does not stick to the terms of the arrangement –> inequitable for A to retain the property

Question 8

Pascoe v Turner

Answer 8

Proprietary estoppel: 1) expectation 2) detriment of the claimant

Question 9

Inwards v Baker

Answer 9

In proprietary estoppel, assurance can be passive (implicit)