Law Table of Contents Issue............................................................................................................................................3 Rule............................................................................................................................................3 Applicability...............................................................................................................................3 Conclusion..................................................................................................................................4 Bibliography...............................................................................................................................5 2
Law ISSUE The issue in present case is whether Juliet can claim her interest in the Romeo’s property as well as whether the same will bind the bank or not. RULE Under the English law two fundamental criteria are specified related to conditions of creation of a constructive trust1. The same are common intention among parties for sharing the ownership of land concerned along with detrimental dependence. APPLICABILITY The decision of present case can be taken through taking into consideration the decision taken in Gissing v Gissing (1997) AC 886 by House of Lords that constructive trust is obligatory whenever it is unjust for a legal owner to refute the beneficiary an equitable interest in land. The decision was held that in case beneficial interest is claimed by a person comprising spouse for a estate or property on the basis of constructive trust will be accepted only if the claimant has contributed in the property. In another landmark case Lloyds Bank v Rosset [1989], it was concluded that substantial amount of contribution is required for claiming the interest in property2. Thus in present case the contribution made by the wife is£2500 for decoration of the house and a new cooker. Further, she also worked for three years in the business from which payments were made for the loan relating to the house.3. 1Graham Virgo.The Principles of Equity & Trusts. (Oxford university press, 2018). 2Lloyds Bank plc v Rosset and another (v Mr Rosset and Mrs Rosset) [1990] UKHL 14 3AndreasTelevantos,."UNCONSCIONABLEBARGAINS,OVERREACHINGANDOVERRIDING INTERESTS."(The Cambridge Law Journal75.3 2016) Pp 458-462. 3
Law CONCLUSION Juliet can claim the interest in the property to the extent of share held after the decision of court. Though it is minimum to the extent of£2500 invested by her in the property. 4
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Law BIBLIOGRAPHY Lloyds Bank plc v Rosset and another (v Mr Rosset and Mrs Rosset) [1990] UKHL 14 TelevantosA."UNCONSCIONABLEBARGAINS,OVERREACHINGAND OVERRIDING INTERESTS."(The Cambridge Law Journal75.3 2016) Pp 458-462. Virgo G.The Principles of Equity & Trusts. (Oxford university press, 2018). 5