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Grant V Edwards
Grant v Edwards was an English Court of Appeal case on common intention constructive trusts. It applied the decision in '' Eves v Eves'' 975and widened its effect to a 50% share in many future contributory common intention constructive trusts, where also an express intention is shown to have put the house into joint names, never fulfilled. Facts A house was purchased for the claimant and defendant to live in as if married. The plaintiff was in fact married to someone else and the house was purchased in the name of the defendant and the defendant's brother. The defendant had used words to the effect that, by way of explanation to the plaintiff, he would not put the claimants name into a title deed ("On the deeds") yet as it would be prejudicial towards matrimonial proceedings between the claimant and her husband ("your divorce"). The facts above were closely analogous to ''Eves v Eves''. However in ''Grant v Edwards'' less work was done by the claimant and the explanation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trust
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themselves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eves V Eves
''Eves v Eves'' 975EWCA Civ 3 is an English land law case, concerning constructive trusts of the family home. Facts Mr Eves bought a home and kept the legal title in his name using the proceeds of his old home and a mortgage loan. His cohabiting girlfriend for what would prove years, Janet Eves, lived there and asked why she had not been made an owner. He said it was because she was not yet 21. They had not married as Mr Eves was already married but were estranged. Janet nonetheless took his surname by deed poll in late 1968 having moved into his earlier matrimonial house. Janet gave birth to their first child in April 1969. "The house was very dirty and dilapidated. They went in and made their home there. She did a great deal of work to the house and garden. She did much more than many wives would do. She stripped the wallpaper in the hall. She painted woodwork in the lounge and kitchen. She painted the kitchen cabinets. She painted the brickwork in the front of the house. She ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burns V
Burns may refer to: * Burn, an injury (plural) People: * Burns (surname), includes list of people and characters Business: * Burns London, a British guitar maker Places: ;In the United States * Burns, Colorado, unincorporated community in Eagle County * Burns, Kansas, city in Marion County * Burns, Missouri, unincorporated community * Burns, New York, town in Allegany County * Burns, Oregon, city in Harney County * Burns, Tennessee, town in Dickson County * Burns, Wisconsin, town in La Crosse County ** Burns (community), Wisconsin, an unincorporated community * Burns, Wyoming, town in Laramie County Buildings: * H.B. Burns Memorial Building, listed on the National Register of Historic Places in Washington, D.C. Ships: * USS ''Burns'' (DD-171), a United States Navy destroyer in commission from 1919 to 1930 * USS ''Burns'' (DD-588), a United States Navy destroyer in commission from 1943 to 1946 * USS ''W. W. Burns'' (1861), a schooner acquired by the United States Navy in 1861 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1986 In Case Law
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 **Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. *January 13– 24 – South Yemen Civil War. *January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. *January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of dates with Dictator Idi Amin's 1971 co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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