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Equity And Trusts > FINISH Common Intention Constructive Trust (CICT) > Flashcards

FINISH Common Intention Constructive Trust (CICT) Flashcards

1
Q

Where does CICT arise?

A

In divorce of a marriage of the dissolution of a civil partnership

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2
Q

What happens in the situation of cohabitants?

A

The legal title stays as it was

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3
Q

Can proportional ownership exist at law?

A

No, only in equity

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4
Q

What is proportional ownership called in equity?

A

Tenancy in common

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5
Q

What can be done to avoid splitting the money of the house 50/50 in a divorce?

A

Create a trust and sign it in writing

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6
Q

What is it called when people don’t create a trust to avoid hard feelings or dont want to think of the negative outcomes?

A

Optimism bias

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7
Q

Which act says that a trust must be created in signed writing?

A

Law of property act 1925, s53(1)(b)

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8
Q

What are some positives of having formalities to follow when creating a CICT?

A

. Evidence of trust avoids arguments
. Lessens hasty decisions
. Signals what is intended to happen down the line

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9
Q

What are some negatives of having formalities to follow when creating a CICT?

A

. Failure to comply has bad outcomes
. Can have SLO or two JLO

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10
Q

What is an slo?

A

Single legal owner

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11
Q

What is a JLO?

A

Joint legal owner

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12
Q

If one person pays 1/4 of the upfront price, and the other 3/4, then they divorce- what portion will they each get out of it?

A

50/50

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13
Q

Which case from a previous topic did equity relieve the need for formalities in?

A

Re Rose

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14
Q

What is a type one constructive trust?

A

There’s a CICT and two ex-cohabitees treated as trustees and split the equitable title, but dont need formalities to get one of these

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15
Q

Do you need formalities for a type 1 constructive trust?

A

No

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16
Q

Do statutes make exceptions from formalities for constructive trusts?

A

Yes

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17
Q

Which statutes have made exceptions for constructive trusts?

A

. Law of property act 1925
. Statute of frauds 1677

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18
Q

Prior to the matrimonial causes act 1857, what was the way to get a divorce?

A

Needed an act of parliament

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19
Q

What were the conditions for divorce that the matrimonial causes act 1857 introduced?

A

. Allowed if a woman was adulterous
. Allowed if a man was adulterous and it was aggravated

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20
Q

Which act allowed women to own property and conclude contracts for the first time?

A

Married womens property act 1882

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21
Q

Which section of the 1882 married womens property act was soused to day women could own property?

A

S.17

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22
Q

Which cases replaced s.17 married women property act 821882?

A

. Pettitt v pettitt
. Gissing v gissing

23
Q

What did gissing v gissing establish?

A

There can be a CT over the family home which in effect adjusts the property interests

24
Q

Which act applied only to divorce?

A

Matrimonial causes act 973

25
Q

How has the matrimonial causes act 1973 developed?

A

Went from something married couples used to unmarried and cohabiting couples

26
Q

What did Appleton v Appleton say?

A

What is reasonable and fair in the circumstances that have developed?

27
Q

Case for new model. Constructive trusts?

A

Appleton v appleton

28
Q

Decision in stack v dowden regarding property law?

A

Equity shouldn’t deal with family law aspects such as this

29
Q

Which case shows detrimental reliance?

A

Lloyds Bank PLC v Rosset

30
Q

Which case is the leading case?

A

Lloyds bank PLC v Rosset

31
Q

What is the test in Lloyds Bank PLC v Rosset?

A

. Must be an agreement that the property is to be shared beneficially
. Detrimental reliance
. Direct contributions to the purchase price, whether upfront or via mortgage etc

32
Q

Which case shows heavy physical labour and was it successful?

A

Eves v Eves, and yes

33
Q

Eves v eves facts?

A

He told her he couldn’t put the property under both names due to her age but they would still share it. This was a lie.

She put in heavy work and there was detrimental reliance as well.

34
Q

Which case showsreliance on a lie?

A

Grant v Edwards

35
Q

Grant v Edwards facts

A

He said putting her name on the house would cause issues with her divorce which was a lie, but that they would still share it. She made indirect contributions like bills etc.

Courts said he must stick by his word that they would share it

36
Q

Which case shows common intention?

A

Geary v Rankine

37
Q

Geary v Rankine facts

A

Mrs Geary helped run her husband’s BnB business until they split. Courts said he never lied to her about a share or led her to believe she would get one, so failed

38
Q

Which case can also show joint venture in renovation etc?

A

Lloyds Bank PLC v Rosset

39
Q

Which case states detrimental reliance must be real?

A

Thompson v Humphrey

40
Q

Thompson v Humphrey facts?

A

He said he would look after her so she qt her job and spent her time cleaning the house etc. They split and courts said these were regular household chores and that her job had poor prospects so there wasn’t real reliance as she didn’t give up anything huge

41
Q

Which case says evidence of detrimental reliance must be convincing?

A

Ungurian v Lesnoff

42
Q

Ungurian v Lesnoff facts?

A

She detailed wielding a pick axe but this was just her removing doorframes and wasn’t a convincing story

43
Q

What is the case for substantial building work?

A

Culliford v Thorpe

44
Q

Culliford v Thorpe facts?

A

Unmarried Gay couple renovating a house and one died. Courts could infer intention to share from renovations

45
Q

What is quantification?

A

Where the client wants to know what they will get from the house, and it is proportional

46
Q

Which are shows quantification?

A

Springette v Defoe

47
Q

Which case shows JLO?

A

Stack v Dowden

48
Q

What did stack v Dowden change?

A

. Exceptional circumstances required for JLO
. Detrimental reliance no longer needed

49
Q

What is the case now for JLO?

A

Jones v Kernott

50
Q

Case for expansion of CICT

A

Laskar v Laskar

51
Q

Laskar v Laskar facts?

A

Said flat was an investment and not a place to live in and share, and they didn’t pool assets

52
Q

Case for commercial CICT?

A

Crossco no 4 unlimited v Johan Ltd

53
Q

Which case reintroduced detrimental reliance?

A

Culliford v tThorpe

54
Q

Case slowing email signatures?

A

Hudson v Hathaway

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