Found that there was no evidence that c intended to

Info icon This preview shows pages 3–5. Sign up to view the full content.

View Full Document Right Arrow Icon
Found that there was no evidence that C intended to make a gift. Held that these considerations did not alter the proportions under a resulting trust – because a resulting trust is only concerned with who paid the purchase price (anything that happens after is irrelevant – but do hint that mortgage repayments could lead to a constructive trust). Held: Resulting trust held fast and Ms G held the resulting trust for the benefit of herself and G. In equity she had a one third share and anything more she held on trust for Mr G. If a resulting trust is recognised then the equitable. II. Constructive Trusts Cannot be presumed, but are imposed by operation of law. They are “imposed by equity to prevent the legal title holder from behaving unconscionably by asserting the legal title to defeat a beneficial title.” o Common intention constructive trust o Baumgartner constructive trust/ joint venture/ unsconscionability constrictive trust Common intention constructive trust: Elements of the CICT: i. Existence of an actual common intent that the claimant was to have an equitable interest 1. Express or inferred (NOT IMPUTED) 2. Timing – before or after the purchase ii. Claimant acted to their detriment in reliance on the CI; & iii. It would be unconscionable in the circumstances for the legal title holder to deny the equitable interest. If it is made out then you get what was promised. Ogilvie v Ryan 3
Image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Facts: Ryan and mother are the cinema cleaners. Ogilvie’s wife died. Annie’s mother died and James and Annie began a relationship. Seven years later the cinema and cottage was going to be sold. James suggested to Annie that he would buy a house in which they could both live if she would take care of him for the rest of his life – and a life estate to her after he dies. She looked after him for the last two years of his life. She received nothing through his will. Annie was horrified when the executor tried to have her evicted. Holden J: There was a common intention constructive trust which had the effect that Annie had an equitable interest in the land. The question is whether the law gives effect to the deceased’s promise. The deceased became bound in equity to hold the legal title upon trust to permit the defendant during her life to occupy the same rent free for so long as she desires. Here there is an actual intent arising out of express words (the agreement between them). This occurred before the purchase took place. Here Annie argued that she was induced not to find her own home and she cared for him for two years. It would be unconscionable for the legal title holder to deny the equitable interest. After allowing Annie to rely on the understanding it would be then unconscionable for his executor/ who stands in his shoes to deny its effect.
Image of page 4
Image of page 5
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern