Implied Co-ownership - Constructive Trusts - Agreements, arrangements or understanding
3 important questions on Implied Co-ownership - Constructive Trusts - Agreements, arrangements or understanding
Explain how the first element of an agreement, arrangement or understanding in Lloyds Bank v Rosset imposes a constructive trust?
An agreement, arrangement or understanding requires a specific statement of ownership to impose a constructive trust. The statement can be deceitful or a trick or the maker of the statement did not mean what was said.
Explain how the case of Eves v Eves is an example of a specific statement about ownership?
The legal estate was transferred into the sole name of Mr Eve after he incorrectly told Mrs Eve that she was too young to have her name on the title. Any excuse to prevent joint legal ownership because the other party was "too young" was evidence of discussion about ownership.
Explain how the case of Grant v Edwards is an example of a specific statement of ownership?
The complainant's name was not put on the title because the legal owner stated that it would prejudice her divorce. It was held that any excuse preventing the other party's name from being added to the title is sufficient statements about ownership.
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