Sentences with phrase «common intention resulting»

So, no more confusing use of «common intention resulting trust» doctrine.

The common intention resulting trust arises where two parties share an intention that a property be jointly owned in light of joint contributions even though the property is held in the name of only one of the parties.

The common intention resulting trust is somewhat different from the ordinary resulting trust.

[33] While the Supreme Court of Canada in Kerr, which is a case involving a common - law relationship, was clear that the common intention resulting trust has no further role to play in domestic cases, arguably it is still applicable in the present case.

[31] Fred argues that the much less common type of resulting trust, the common intention resulting trust, applies.

As the Supreme Court of Canada said in an earlier case dealing with common intention resulting trusts, Pettkus v. Becker, [1980] 2 S.C.R. 834; a common intention can not be attributed to the parties where such an intention was negated by the evidence (at p. 847).

Not exact matches

Or, at least, that's the common perception of the staple of many a teenybopper magazine cover, a result of his appearances in popular youth - aimed films such as I Know What You Did Last Summer and Cruel Intentions.

Converge 45: YOU IN MIND is conceived as an «art convergence in four chapters» that takes an acute and particular care about the idea and ethos of Portland's inherent positivity to amplify (for good purpose) the generous hand of independent artists whose practices tend towards perpetuating / activating the now radical notion of our cultural commons... It is my intention with YOU IN MIND that the projects we exhibit and / or present, focus on artists who have a «public» in mind, conceptually, structurally and / or are actively present within the resulting work itself.

As Professor Waters puts it, «In imposing a resulting trust upon the recipient, Equity is never concerned with [common] intention (Waters», at p. 431).»

[29] Fred argues that the equity in the house should be subject to a resulting trust on the basis of a common intention.

The first concerns the role of the «common intention» resulting trust in claims by domestic partners.

An implied trust can either be a resulting trust, ie there is a presumption that it was intended that someone would have a share in the property as it was clear that they did not make a financial contribution as a gift and their share would be determined by the extent of their financial contribution, or a constructive trust, ie there was a common intention to have an interest in the property which, following Lloyds Bank v Rosset [1991] AC 107, [1990] 1 All ER 1111, was held to be as a result of a direct financial contribution to the property.

RESULTING TRUST When married spouses separate and only one of the spouses own a property, the Court will ask whether or not there was an agreement or COMMON INTENTION that the other spouse was to take a beneficial interest in that property.

The law applied to the property consequences of breakdown of cohabitation remains the general law of property and equity (common intention constructive trust, resulting trust and proprietary estoppel).