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Equity & Trusts 70517H. Uncoscionable Assertion/Retention or Denial of a Beneficial Interestsin PropertyIt 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 acontrary intention or agreement:Atwood v Maude(1868) LR Ch App 369.Topic 11 - Constructive Trusts
Equity & Trusts 70517Baumgartner v. Baumgartner(1987) 164 CLR 137:FACTS: the de facto wife claimed that she owned a beneficial interest in half of aproperty purchased during the course of a relationship in the husband’s name.He hadsaid that it was purchased for both to enjoy.A child born during the relationship requiredthe wife to stop working for 3 months but apart from that she worked and contributed tothe running of the household.
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Common Law,Trust law,CONSTRUCTIVE TRUSTS,Account of profits