Equity Trusts 70517 H Uncoscionable AssertionRetention or Denial of a

Equity trusts 70517 h uncoscionable

This preview shows page 18 - 21 out of 29 pages.

Equity & Trusts 70517 H. Uncoscionable Assertion/Retention or Denial of a Beneficial Interests in Property It has been recognised in England that upon the failure of a partnership or joint venture, the partners or joint venturers are entitled to repayment of their contributions subject to a contrary intention or agreement: Atwood v Maude (1868) LR Ch App 369. Topic 11 - Constructive Trusts
Image of page 18
Equity & Trusts 70517 Muschinski v. Dodds (1985) 160 CLR 583: Topic 11 - Constructive Trusts
Image of page 19
Equity & Trusts 70517 Baumgartner v. Baumgartner (1987) 164 CLR 137: FACTS: the de facto wife claimed that she owned a beneficial interest in half of a property purchased during the course of a relationship in the husband’s name. He had said that it was purchased for both to enjoy. A child born during the relationship required the wife to stop working for 3 months but apart from that she worked and contributed to the running of the household.
Image of page 20
Image of page 21

You've reached the end of your free preview.

Want to read all 29 pages?

  • One '14
  • Common Law, Trust law, CONSTRUCTIVE TRUSTS, Account of profits

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture