Led by F.W. Maitland Simulacrum
About this course
When no one deliberately creates a trust, equity may still imply one. Resulting trusts arise from presumed intention or from a failure to dispose of the whole equitable interest. Constructive trusts are imposed by law to prevent unconscionable conduct. The most contested battlefield is shared homes — where cohabiting couples separate and the question is who owns what. From Gissing v Gissing through Stack v Dowden to Guest v Guest, the courts have struggled to find a coherent doctrine. This module traces that struggle.
Led by F.W. Maitland Simulacrum.
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Led by F.W. Maitland Simulacrum
The question
When does a trust arise without anyone intending to create one — and how do English courts use resulting trusts, constructive trusts, and proprietary estoppel to resolve disputes over shared homes? The module covers the statutory exemption from formalities, the distinction between presumed and automatic resulting trusts, the Quistclose trust, the circumstances in which constructive trusts arise, and the development from Gissing through Rosset to Stack v Dowden and Guest v Guest.
Outcome
The student can differentiate between resulting and constructive trusts, explain the competing approaches to shared-home disputes with the principal authorities, and critically evaluate the limitations of the current law. (Implied trusts)
Sub-units