Summary to essay on topic "Case Law: Doctrine of Estoppel, Constructive Trust"
He is the beneficiary of a generous trust set up by his father" his condition or obligation of one to whom anything is confided; responsible charge or office." We can summarize the term trust in this manner and also we can say that this is the general rule on which the law of trust proceeds on…
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Now we shall analyze the scope of doctrine of estoppel on which Mr. Dinnock relies for his claim and constructive trust by which he can have benefit by law. For this, firstly we shall explore the meaning of these terms.
The sec. 14 of the Trusts of Land and Appointment of Trustees Act 1996 lays down that the court has power, Let us write or edit the essay on your topic "Case Law: Doctrine of Estoppel, Constructive Trust" with a personal 20% discount.. Try it now not only to make an order as to the trustees functions but also to make an order declaring 'the nature or extent of a person's interest in property subject to the trust'. This is emphasized in the case Crossley v. Crossley (1) later. Here the scope and applicability of constructive trust arises.
A constructive trust arises when a person has title to property and or takes possession of it under circumstances in which he/she is holding it for another, even though there is no formal trust document or agreement. The court may determine that the holder of the title holds it as constructive trustee for the benefit of the intended owner. It is to be remembered that this may occur through fraud, breach of faith, ignorance or
inadvertence. (2)A constructive trust comes into existence, regardless of any party's intent, when the law imposes upon a party an obligation to holds specific property for another. The person obligated becomes by force of law a constructive trustee towards the person to whom he owes performance of the obligation. We can termed it as Fiduciary Duties. (3)
Fiduciary Duties where a person who has undertaken to act for or on behalf of another in particular manner in circumstances which give rise to a relationship of trust and confidence. In this regard, in Bristol and West Building Society V Mathew (4) it was described that a servant who loyally does his incompetent best for his master is not unfaithful and not guilty of a breach of fiduciary duty, but may be guilty of a breach of a duty of care.
A constructive trust is always imposed by law. When the court makes a declaration of a constructive trust, it creates an enforceable interest in real or personal property.(5) In Hussey v Palmer (6) Lord Dennings described a constructive trust as "by whatever name it is described, it is a trust imposed by law whenever justice and good conscience require it. It is a liberal process, founded upon large principles of equity, to be applied in cases where the defendant cannot conscientiously keep the property for himself alone, but ought to allow another to have the property or a share in it. It is an equitable remedy where the court can enable an aggrieved party to obtain restitution". From above definitions it can be seen that the principle of "unjust enrichment" and "fiduciary duties" can not be disregarded whenever the scope of constructive trust
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The conclusion from this study states that Amelia has some recourse not to pay some or all of the contract thanks to the interpretation of estoppel and consideration. However, her options are limited based on considerations and estoppel. Payment underneath the framework of her contract could trigger both a consideration as part of an offer and acceptance and an estoppel requirement.
Equitable principles were principally formulated was to ensure that the legal rights owner’s conscience coincides with the interests of justice. It is this to which Lord Diplock made the greatest contributions in his legal career; and in particular, to the debate over equity’s involvement in property ownership and in propriety in procedural law in the arenas of both private and public law.
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In 1991, Lynn gave birth to their first child, changed her surname to Mike's and held herself out to their friends and family as his wife. A second child was born in1995. Over the years, the mortgage payments were always paid out of Mike's salary, whilst Lynn paid all the food bills and out goings on the house (I.e., council tax, water rates, gas, electricity and telephone charges) out if her own income as part-time secretary.
e conduct and statements of all of the parties concerned.1 The relevant questions involve a determination of whether or not one party held the legal title upon trusts for himself and/or others. If so, the court will then determine whether or not the beneficial interests should
Any party acting in reliance on an oral type of contract may at times find that the second party to the contract may refuse to counter-perform stating the reason to this as that oral contracts are unenforceable under frauds statute. It is at this juncture