Paragraph 4

Question 1

Trust

Answer 1

A trust was one of equity’s original developments, but this has developed significantly overtime with the introduction of the new model constructive trust, the contractual licence and the doctrine of proprietary estoppel.

Question 2

Who developed the new model constructive trust?

Answer 2

The new model constructive trust was largely developed by Lord Denning.

Question 3

Hussey v Palmer (1972)

Answer 3

In Hussey v Palmer (1972), Lord Denning described the constructive trust as one ‘imposed by law wherever justice and good conscience require it.’

Question 4

Eves v Eves (1975)

Answer 4

This was shown in Eves v Eves (1975), where the female was given an equitable interest in the property to represent her contribution in terms of work and further developed in Cooke v Head (1972), which was a similar case.

Question 5

Lloyds Bank v Rosset (1991)

Answer 5

Some cases, such as Lloyds Bank v Rosset (1991), have sought to re-establish less flexible principle in this field relating to the existence of a common intention of an equitable interest arising and the existence of a direct financial contribution.

Question 6

reintroduced flexibility

Answer 6

However, the House of Lords in Stack v Dowden (2008), followed by the Supreme Court in Jones v Kernott (2011), have re-introduced some of the earlier flexibility into the constructive trust showing that equity is alive and well.