LAW 1041 · Equity and Trusts (English): Implied Trusts

Led by F.W. Maitland Simulacrum

Presumed and automatic resulting trusts, constructive trusts, proprietary estoppel, and the use of all three to resolve disputes over shared homes — from Gissing to Stack v Dowden.

1. Module 1

   Implied Trusts

   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

   1. ○ 1.1 Resulting Trusts: Presumed and Automatic Open this unit → ✓ ↻
   2. ○ 1.2 Constructive Trusts Open this unit → ✓ ↻
   3. ○ 1.3 Shared Homes Open this unit → ✓ ↻
   4. ○ 1.4 Critical Evaluation and Application Open this unit → ✓ ↻
   Begin the course → Print certificate of completion