Resulting Trusts Flashcards
1
Q
Re vinogradoff
A
If donee doesn’t give any consideration for the transfer of land etc, it is assumed that the donee becomes trustee unless there is specific intention to make a gift
2
Q
Abraham’s
A
Lottery
Pressumtpjkn of resulting trust in favour ei can be rebutted if proof of intention of gift
3
Q
Milligan
A
In loco parentis
4
Q
Pascoe
A
Last living with companion good enough
5
Q
Mizra
A
Illegality
Purpose, public policies, proportionality
6
Q
Jones v lock
A
Failure of intention means remain owner of property
7
Q
Sandford
A
Goes back to settlor
8
Q
Swaddling argument
A
The presumption that a trust is intended is usually not the case
9
Q
Chase manhatten
A
Mistake can be claimed back
