Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law First Year > Property Law Second Term - FAMILY HOMES > Flashcards

Property Law Second Term - FAMILY HOMES Flashcards

1
Q

What case made it clear inferred CI is an objective test

A

Jones v Kernott

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Laskar v Laskar

A

Mother daughter investment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the two requirements for acquisition of a CT in sole legal ownership?

A

Agreement/arrangement/understanding and detrimental reliance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Grant v Edwards

A

‘Conduct on which [someone] could not reasonably have been expected to embark unless [he/she] was to have an interest’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who argued in Oxley that there is ‘no difference in outcome’ between CT and PE?

A

Chadwick LJ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Who said Inferred CI should not be used for acquisition?

A

Lord Wilson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Hale in Jones on ‘equity follows’

A

No presumption, but will follow when there is an ‘emotional and economic commitment to a joint enterprise’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who called inferred CI a ‘fiction’ and in what case

A

Lord Kerr in Jones

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What case gave two requirements for acquisition in sole legal ownership cases?

A

Lord Bridge, Lloyds Bank v Rosset

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who referred to a ‘domestic’ context for family home in stack?

A

Hale

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the three possible ways to quantify joint legal ownership shares?

A

Actual, inferred or imputed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What did Hale in Stack suggest (obiter) about express/inferred/implied?

A

Applies to quantification AND acquisition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who supported a constructive trust in Stack v Dowden

A

Hale and Walker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Goodman v Gallant

A

‘Conclusive’ declaration of an express trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Why was Coombes v Smith not CT?

A

D already owned the house

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what did Bridge say about inferring agreement?

A

Only from direct contribution to purchase price as ‘doubtful whether anything less will do’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is an ambulatory trust?

A

When common intention changes over time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the problem with an ambulatory trust?

A

You need severance to change JT to TC, so new method?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Oxley v Hiscock

A

CT and PE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Jones v Kernott facts

A

90% to wife

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What case suggested Bridge was wrong on inferring agreement for CT?

A

Aspden v Elvy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Who referred to ‘matrimonial or quasi-matrimonial’ context for family home in Stack?

A

Walker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Stack v Dowden facts

A

65% given to the wife - they had separate finances, suggesting they wished to keep their individual shares separate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When is Goodman v Gallant set aside?

A

Unconscionable or proprietary estoppel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
What is suggested to be a block on imputation for acquisition in sole legal ownership?
The fact that V needs to have relied on the assurance - can't rely on something made up
20
Coombes v Smith
Affair, children
21
Chadwick LJ in Oxley
'No difference in outcome' between CT and PE
22
How did Rosset and Stack argue purchase price could play a dual role?
For implied common intention it could prove intention and detriment
23
Greasley v Cooke
Evidence of detriment presumed reliance
25
Why did the government reject the TR1 form being compulsory?
Against their anti-regulatory agenda
26
What do s.1(6) and s.36(2) LPA make clear?
Only JT at law
27
What is the issue with Hale obiter in Stack?
Imputed intention for acquisition would allow CT to arise without any agreement at all
28
Why might the TR1 Form not be used?
Need more than one transferee, DIY conveyancing, ignoring possibility of breakdown or undue influence
28
Jones v Kernott on resulting trust
No presumption of an RT from unequal shares if romantic relationship
29
'Conduct on which [someone] could not reasonably have been expected to embark unless [he/she] was to have an interest'
Grant v Edwards
31
Eves v Eves
'This will always be your home'
32
How does one determine inferred common intention?
'In light of the whole course of conduct' (Hale in Stack)
34
Laskar and Stack
Stack has no application because for investment
36
Eves v Eves ratio
Actual common intention even if not genuine
37
What are the formalities for an express trust?
S.53(1) LPA
39
Who said inferred CI is 'in light of the whole course of conduct'?
Hale in Stack
40
What if Stack had applied in Laskar?
Would have rebutted equity follows the law
41
Why are s.1(6) and s.36(2) LPA problematic for joint legal ownership?
They show you haven't chosen interests at law, so why should equity follow the law?
42
Who referred to 'sexual, platonic, familial' etc context for family home in Stack
Neuberger
44
Who supported a resulting trust in Stack?
Neuberger
45
How is quantification for sole legal ownership CT worked out?
Same as for joint - Stack v Dowden
47
Hale in Stack on 'equity follows the law'
Rebutting is not 'a task to be lightly embarked upon'
48
Aspden v Elvy
Habitable work
49
What two types of agreement can be found for acquisition in sole legal ownership?
Express or inferred
50
What is inferred CI?
What reasonable people would have done
51
What sections of the LPA make it clear only JT at law?
S.1(6) and s.36(2) LPA
52
Why is there no writing needed for a CT or RT?
S.53(2) LPA excludes it
53
How did Rosset distinguish CT from PE?
CT needs discussions before purchase
54
Lord Bridge in Oxley
Overlap between CT and PE
55
Who suggested the TR1 Form should be compulsory?
Law Commission
56
When is there a more expansive notion of family home than in CT?
PE
57
Stack v Dowden on resulting trust
Not for family home as the 'law has indeed moved on' from Lloyds Bank v Rosset
58
why did Coombes v Smith fail?
No detriment
59
What case suggested an ambulatory trust may be possible?
Jones v Kernott
60
What two cases conflict on whether mortgage repayments can be used for an RT?
Laskar v Laskar, Curley v Parkes
61
Curley v Parkes
Mortgage repayments not for RT
62
Mortgage repayments NOT for RT
Curley v Parkes
63
Abbot v Abbot
RT not for quantification or acquisition in a family home case as only focuses on payment of money
64
Why was there no detriment in Coombes v Smith?
She would have moved in anyway

Law First Year (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions