Constructive Trusts - Interests in the F
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What is a Constructive Trust?
Trustee has induced another to act in their detriment reliance in the belief that if they do so, the
interest in the land - Gissing v Gissing [1971] AC 881
Calculated by a number of different factors that may result in the share being much greater than
Lloyds Bank Plc v Rosset (1991) 1 AC 107 - Reaffirmed approach adopted in Gissing v Gissing
common intention.
Requires a shared common intention and detriment.
If common intention shown - Court will 'construct' a trust where it will be unconscionable fo
existence of the beneficial interest.
Types of Constructive Trust
Lloyds Bank plc v Rosset (1991) 1 AC 107 - Lord Bridge
Express - Rosset One.
💡 Sole purchaser with legal title, someone else involved - Had conversation or expres
be shared or will have common interest.
Time of acquisition parties have articulated or expressed shared common intentio
the beneficial interest in the property.
+
Detrimental Reliance.
Definitions
Express
Language clear enough to form basis of proprietary interest.
Not required to be legal language.
Must have been communicated to each other - Dillon LJ in Springette v Defoe
Can be 'imperfectly or imprecisely remembered' - Lord Bridge in Lloyds Bank v
Common
Home
What is a Constructive Trust?
Trustee has induced another to act in their detriment reliance in the belief that if they do so, the
interest in the land - Gissing v Gissing [1971] AC 881
Calculated by a number of different factors that may result in the share being much greater than
Lloyds Bank Plc v Rosset (1991) 1 AC 107 - Reaffirmed approach adopted in Gissing v Gissing
common intention.
Requires a shared common intention and detriment.
If common intention shown - Court will 'construct' a trust where it will be unconscionable fo
existence of the beneficial interest.
Types of Constructive Trust
Lloyds Bank plc v Rosset (1991) 1 AC 107 - Lord Bridge
Express - Rosset One.
💡 Sole purchaser with legal title, someone else involved - Had conversation or expres
be shared or will have common interest.
Time of acquisition parties have articulated or expressed shared common intentio
the beneficial interest in the property.
+
Detrimental Reliance.
Definitions
Express
Language clear enough to form basis of proprietary interest.
Not required to be legal language.
Must have been communicated to each other - Dillon LJ in Springette v Defoe
Can be 'imperfectly or imprecisely remembered' - Lord Bridge in Lloyds Bank v
Common
