Implied Co-ownership - Comparison of Resulting and Constructive Trusts

4 important questions on Implied Co-ownership - Comparison of Resulting and Constructive Trusts

How are the non-legal owner's shares determined for a constructive trust and why does that differ from a resulting trust?

The courts have discretion over the size of shares they can award.

How does the case of Drake v Whipp explain how the non-legal owner's shares are determined for a constructive trust?

In Drake v Whipp the court confirmed that it was not necessary for the parties to have a common intention regarding the size of their interests. Instead, the court takes a broad approach to quantify the size of the parties shares by taking into account the parties' conduct, i.e. direct/indirect financial contribution and non-financial contribution.

Explain how the case of Stack v Dowden criticised the case of Lloyds Bank v Rosset thart only 'direct contributions towards the purchase price' will suffice?

Departing from Lloyds Bank v Rosset, the court instead considered the whole course of dealing between the parties in relation to the property when inferring a common intention constructive trust. For example, mortgage contributions, council tax and utilities, repairs, insurance and housekeeping towards their home.
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Explain how the case of Laskar v Laskar shows how constructive trusts have not totally superseded resulting trusts?

A mother and daughter bought a council house as joint owners as an investment. The daughter made a small contribution to the purchase price but only the mother took sole responsibility for mortgage payments and managing the property. When the mother and daughter fell out, The CoA awarded the daughter a share in proportion to the size of her contribution to the purchase price.

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