STACK V DOWDEN ESSAY QUESTION

Did Jerome make an irrevocable representation to Lena that she would have an interest in the house? Essay writing articles About essayzone. May 13, Date written: December 27, Date written: Equity and Trust Law Level: Click here to sign up.

George helpfully lists three questions that remained following the decision in Stack: A resulting trust can arise when a person contributes to the purchase price of land, but the legal title is vested in the name of another. If the court is satisfied that there was an express agreement that Lena should have an interest in the house, Lena must also demonstrate detrimental reliance on this agreement. Unsurprisingly, beyond the comment that imputation will only be used if an actual or inferred intention could not be found, this issue was avoided. Patients should be charged, each according to their means.

It is not clear that Jerome telling Lena that she would always have a home in the house will be sufficient in itself to establish the required common intention — the cases above all have additional factors, such as excuses as to why the claimant was not given legal title: Dyer v Dyer 2 Cox Eq.

It relates strongly to the beneficiary principle He nevertheless held that it was not wrong for the trial judge to impute an intention to the parties on the basis of what he considered to be fair and just so long as no contrary intention of the parties had been overridden and the conclusion reached was justifiable although he equally expressed doubts as to whether he would have arrived at exactly the same result in this case [] EWHC Ch at [49] and [50].

However, since proprietary estoppel does not require a meeting of minds it can arise in circumstances that do not give rise to a common intention constructive trust. Against this background, however, the proportion of married couple families has decreased during that period from 76 per cent in to 71 per cent inwhereas cohabiting families have increased from 9 per cent to 14 per cent; See: Skip to main content.

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In her lifetime she worked for a large, multinational corporation that specialised in the sale and distribution of books. May 03, Date written: An express trust has been created by virtue Moreover, possibly aware of clutter in the law post Stack cases have finding the intentions of the parties rather than those attributed to them by the court [] EWCA Civ at [77].

February 21, Date written: Where a family home is acquired in the joint names of a cohabiting couple, the starting point is that equity follows the law and the parties are, therefore, joint tenants at law and in equity Jones v Kernott [] 1 AC A dowdeh at the decisions in the lower courts in Jones and the reasoning therein illustrates the gravity of the problem which had arisen post-Stack in this regard.

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stack v dowden essay question

Mandy placed the letter in an envelope, sealed the envelope, wuestion put it safely away in her desk. However, the case is best distinguished on its unusual facts.

(PDF) The implications of the decision in Jones v Kernott | Khong MeiYan –

Patients should be charged, each according to their means. No explicit explanation whatsoever was given as to whether or not the exact same principles applied to both types of ownership cases, although it could be arguably inferred from the judgment that the case, for the most part, dealt with the type of case that was at hand. Cathy and her brother, Sean, were the beneficiaries of a family trust, in equal shares. The development of the law concerning investments and the duties of trustees.

Estoppel arises where it would be unconscionable for a party to deny that which he has allowed or encouraged the claimant, to her detriment, to believe.

The couple subsequently cashed in a life policy enabling Kernott to pay the deposit on a separate property. In the absence of an express declaration of trust in writing satisfying section 53 1 b of the LPALena may be able to establish that she has: However Martin Dixon provides reasons as to why this has been the case.

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More controversial is doaden decision of the Court of Appeal which overturned the High Court decision by a 2: The parties were in agreement for the purposes of the hearing that at the point of separation they had held the beneficial interests in the property in equal shares. The issue which turned on the court was therefore one of common intention and its consequent effect eszay the quantification of beneficial interests in property as between the parties.

March 24, Date written: Accordingly, it followed that Kernott’s lack of an expressed or inferred intention to displace the equal split in the property meant he was entitled to an equal share of the former family home.

It is in this respect that perhaps Jones has also missed a valuable opportunity to bring further clarification to the law.

Equity & Trust Law

Therefore Lena needs to establish that she has a proprietary interest in the house using the conventional rules of property law. Had the parties intended their shares to be changed, it really was for the parties themselves to clearly demonstrate this.

stack v dowden essay question

Satck certainty of objects is an important element in determining the validity of a trust. Second, are sole-name and joint-name cases different, other than the starting points being, respectively, sole or equal joint beneficial ownership?

stack v dowden essay question