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Suggested Model Answer for Constructive Trust
In the case of Eves v Eves  ;A constructive trust was imposed by Lord Denning MR but not by other members of the Court of Appeal.Facts: Unmarried couple living together; the man purchased a house in his name and told the plaintiff it was their house but would have to be in his name alone as she was under 21. This was merely an excuse by a man to avoid a conveyance into joint names. The women did not contribute to the purchase of the house but she brought up two children she had to the man and did much work in the house and garden.Lord Denning: imposed constructive trust on the ground that it would be inequitable to deny the women a share in the house.Two other judges: there was enforceable agreement btwn parties that woman shall have a share in the house by reason of her labour repairing and improving it.
Grant v Edwards (cont)A constructive trust was imposed on the defendant on the ground that it would be inequitable for him to claim sole beneficial ownership because he has led her to believe that she has an interest in the property.In contrast: Burns v Burns : in this case the plaintiff made no contributions to the purchase price of the house which was in the defendant’s sole name. The parties were unmarried. These were no misleading statements from the defendant as to the ownership.COA Held: refused to give the plaintiff share in the property only on the basis she looked after the children and the home. There were no grounds for imposing a constructive trust a resulting trust only could benefit the plaintiff and she was unable to prove and interest in the property for herself.