Part A

Question 1

Two steps to determine interest

Answer 1

Acquisition

Quantification

Question 2

Steps to determine interest authority

Answer 2

Geary v Rankine

Question 3

Resulting Trust authority

Answer 3

Dyer v Dyer

Question 4

Loan agreement not presumption that C intended to obtain interest

Answer 4

Dewar v Dewar

Question 5

Income expenses not presumption that C intended to obtain interest

Answer 5

Savage v Dunningham

Question 6

Monetary payment is detriment

Answer 6

Gissing v Gissing

Question 7

Resulting Trusts still for use in homeowner cases

Answer 7

Marr v Collie

Question 8

Move away from Purchase Money Resulting Trusts

Answer 8

Oxley v Hiscock

Question 9

First establishment of Common Intention Constructive Trust

Answer 9

Gissing v Gissing

Question 10

Limbs of Common Intention Constructive Trust

Answer 10

Common intention to share ownership

Claimant acts to detriment relying on this

Question 11

Authority for express common intention

Answer 11

Lloyd’s Bank v Rosset

Question 12

Common intention is an objective assessment

Answer 12

Jones v Kernott

Question 13

Giving effect to agreement illustrating a joint intention to share beneficial interests in family home

Answer 13

Gissing v Gissing

Question 14

Imprecise evidence used

Answer 14

Lord Bridge

Question 15

Legal owner can be bound by excuse

Answer 15

Grant v Edwards

Question 16

Must be positive representation by legal owner

Answer 16

James v Thomas

Question 17

Must be evidence of discussions about beneficial entitlements of co-habitee

Answer 17

Morris v Morris

Question 18

Must be actual understanding as to ownership

Answer 18

Re Ali

Question 19

Payment linked to purchase of home is indirect contribution

Answer 19

Grant v Edwards

Question 20

Quantification covers all circumstances

Answer 20

Stack v Dowden