Equity and trusts law essays and dissertations law essays uk proudly present a major breakthrough in the advancement of educational standards in the uk - the worlds first and only guaranteed 2:1 and first standard quality personalised law essays service. Is the difference between common intention constructive trusts and proprietary estoppel illusory when couples or cohabitants face financial troubles or the breakdown of their relationship, it may be necessary to determine various rights in regards to shared property.
This essay will explain the relationship between common intention constructive trusts and proprietary estoppels and whether or not it can be stated as illusory (hayton) firstly, it is important to provide a definition of both these terms.
⇒ where one of the partners is the sole legal owner of property, the other partner may have a proprietary interest in the property on 4 grounds: an express trust a purchase money resulting trust a common intention constructive trust or by proprietary estoppel. The first part of this essay explores the relevant rules of proprietary estoppel its second part considers how these rules differ from the comparable ones of common intention constructive trusts. All's fair in love and law: an analysis of the common intention constructive trust andrew dyson the article analyses the application of the common intention constructive trust to disputes involving the family home, as the law stands after stack v.
This chapter examines the relation among common intention constructive trusts, proprietary estoppel, and licences it explains the principle and legal definitions of these three and suggests that their relation arose out of the courts' view that a claimant should have a remedy in circumstances in which it was at least doubtful whether he or she was entitled to one under existing rules as. Constructive trusts require a 'common intention' (whether expressed, implied or inferred) as between the parties that the claimant should have an interest in the property: proprietary estoppel will operate where the claimant is under a unilateral. In divining that common intention, the majority of the house of lords were of the view that, at least in the domestic context 8 , the resulting trust analysis does not operation as a starting legal presumption. The main difference between the two doctrines is that proprietary estoppel is based on representation whereas constructive trust rely upon bargains or common intention to conclude, it is opined that the doctrine may have not always been consistent in terms of flexibility, proportionality and fairness although often being considered. The difference between common intention constructive trusts and proprietary estoppel has been described as 'illusory' (hayton) do you agree with this statement consider how the case law has developed and give reasons for your answer.
Proprietary estoppel and constructive trust ly, constructive trust is a device which was derived from equity and certain component instruments must be fulfilled before it can be operational it is operational both in the domestic and commercial context. In this essay i will compare and contrast by utilizing instance torahs and academic critics on whether proprietary estoppel offers a suited solution and better remedial award than the deduction of a constructive trust in domestic belongings differences. It is submitted that this is a step away from earlier doctrines which looked at common intention and is instead merging the principles of a constructive trust together with proprietary estoppel in order to reach a decision that is most conscionable taking into account all the circumstances of a case.
With common intention constructive trusts the common intention as to the beneficial ownership of the property must be proven, on a balance of probabilities, on the facts therefore, a spouse would have to provide some evidence for the courts to infer that an intention had in fact existed. Basing her case on an express common intention constructive trust and / or proprietary estoppel, the claimant asserted the following detrimental acts by her: (a) endured a violent and abusive relationship from 1976 - 1984 and 1985 - 1988, believing that at least she had an interest in the property by way of safeguard. Common intention constructive trusts and proprietary estoppel essay sample the difference between common intention constructive trusts and proprietary estoppel has been described as 'illusory' (hayton.
An express trust is conclusive and is not open to challenge by way of a constructive or resulting trust (although it is theoretically open to challenge by way of proprietary estoppel. In his article 'equitable rights of cohabitees' hayton suggested that the distinction between common intention constructive trusts and proprietary estoppel has, over time, come to be but illusory and goes on further to propose that since the general direction of the development of the law has been to embrace the principle of preventing and.