The document discusses the uncertainty created by the common law constructive trust approach to dividing property after the breakdown of cohabiting relationships. While the presumption of equal shares in jointly owned property has increased fairness, it remains unclear if the same holistic approach applies for acquiring beneficial interests in property solely owned by one partner. This leaves the law complex and unpredictable, harming separating cohabitants through prolonged and expensive litigation. The constructive trust framework inherently struggles to balance fairness and certainty when managing family breakdown.
Trust Caveat under Land Law II syllabus. Containing definition, nature and effect of Trust Caveat, Duration under Section 333 of the NLC. Express Trust also is included in this slide. Creation of Trust Caveat under NLC, its' effect & the person eligible in entering into Trust Caveat.
The document discusses the key features and concepts of a Registrar's Caveat (RC) under Malaysian law. It explains that an RC is entered by the Registrar to protect land from fraudulent or improper dealings. The Registrar has discretion to enter an RC when necessary to prevent fraud, protect government interests, or rectify errors. An RC prevents dealings on the land but does not affect prior registered interests. The document outlines the procedures for entering, duration of, and removing an RC through the Registrar or courts.
This document discusses trustees and trusteeship under Malaysian law. It covers the appointment, removal, retirement and number of trustees. The key points are:
1) Trustees have onerous fiduciary duties to act exclusively in the interests of beneficiaries. Their powers and duties are outlined in the trust instrument and by equity principles.
2) The Trustee Act 1949 governs some aspects of trusteeship in Malaysia but not entirely, as equity principles also apply.
3) Trustees can be appointed by the settlor, under a power in the trust instrument, by surviving trustees, or by court order if necessary. Generally any person capable of holding property can be a trustee.
(1) The document discusses a case regarding the appointment of a new trustee to manage a Thai-Burmese Buddhist temple in Penang according to the terms of an 1845 land grant.
(2) A vacancy arose for a Burmese trustee, and the second respondent was elected by the Burmese community and consent was given by the Attorney-General for his appointment.
(3) The surviving Thai trustees objected to the appointment but their objections were rejected by the court, which approved the appointment to maintain parity between the Burmese and Thai communities in managing the temple.
An easement is a right over another's land, such as a right of way. It must be created by express grant between proprietors and registered. An unregistered easement gives no rights. Alternatively, if the neighbor refuses a registered easement, one can apply to the Land Administrator for a right of way (LAROW), though the Administrator is reluctant if other access exists. The document discusses these concepts and differences between an easement and LAROW under the National Land Code.
Alienation refers to the act of transferring possession of state land from the state authority to another person or body. Under the National Land Code 1965, the state authority can alienate land for up to 99 years by granting ownership rights, subject to payment of land revenue. The key effects of alienated land include the proprietor obtaining a title to the land and secured rights to develop and invest in the land for a long period. However, the proprietor must adhere to any express or implied conditions relating to the permitted land use. Overall, alienation allows the state to dispose of land while providing proprietors certain benefits and long-term security over the land.
Trust Caveat under Land Law II syllabus. Containing definition, nature and effect of Trust Caveat, Duration under Section 333 of the NLC. Express Trust also is included in this slide. Creation of Trust Caveat under NLC, its' effect & the person eligible in entering into Trust Caveat.
The document discusses the key features and concepts of a Registrar's Caveat (RC) under Malaysian law. It explains that an RC is entered by the Registrar to protect land from fraudulent or improper dealings. The Registrar has discretion to enter an RC when necessary to prevent fraud, protect government interests, or rectify errors. An RC prevents dealings on the land but does not affect prior registered interests. The document outlines the procedures for entering, duration of, and removing an RC through the Registrar or courts.
This document discusses trustees and trusteeship under Malaysian law. It covers the appointment, removal, retirement and number of trustees. The key points are:
1) Trustees have onerous fiduciary duties to act exclusively in the interests of beneficiaries. Their powers and duties are outlined in the trust instrument and by equity principles.
2) The Trustee Act 1949 governs some aspects of trusteeship in Malaysia but not entirely, as equity principles also apply.
3) Trustees can be appointed by the settlor, under a power in the trust instrument, by surviving trustees, or by court order if necessary. Generally any person capable of holding property can be a trustee.
(1) The document discusses a case regarding the appointment of a new trustee to manage a Thai-Burmese Buddhist temple in Penang according to the terms of an 1845 land grant.
(2) A vacancy arose for a Burmese trustee, and the second respondent was elected by the Burmese community and consent was given by the Attorney-General for his appointment.
(3) The surviving Thai trustees objected to the appointment but their objections were rejected by the court, which approved the appointment to maintain parity between the Burmese and Thai communities in managing the temple.
An easement is a right over another's land, such as a right of way. It must be created by express grant between proprietors and registered. An unregistered easement gives no rights. Alternatively, if the neighbor refuses a registered easement, one can apply to the Land Administrator for a right of way (LAROW), though the Administrator is reluctant if other access exists. The document discusses these concepts and differences between an easement and LAROW under the National Land Code.
Alienation refers to the act of transferring possession of state land from the state authority to another person or body. Under the National Land Code 1965, the state authority can alienate land for up to 99 years by granting ownership rights, subject to payment of land revenue. The key effects of alienated land include the proprietor obtaining a title to the land and secured rights to develop and invest in the land for a long period. However, the proprietor must adhere to any express or implied conditions relating to the permitted land use. Overall, alienation allows the state to dispose of land while providing proprietors certain benefits and long-term security over the land.
The document discusses private caveats under Malaysian land law. A private caveat is a statutory injunction entered by the Registrar upon application by a person claiming an interest in land. It preserves the status quo of the land and suspends registration until disputes over claims are resolved. A private caveat does not create or enhance the caveator's interest, but rather serves as notice of a claim and prohibits dealings with the land pending litigation. The requirements for entering, extending, and removing a private caveat are outlined according to sections of the National Land Code.
Third party proceeding & summary judgementASMAH CHE WAN
Third party proceedings allow a defendant in a lawsuit to add additional parties that may be wholly or partly liable for the claim. A defendant can initiate third party proceedings if they claim contribution, indemnity, or require determination of an issue regarding the subject matter of the claim. A third party served with notice will be bound by the judgment if they do not enter an appearance or defend the claim.
Summary judgment allows a plaintiff to obtain a judgment without a full trial if the defendant's defense has no merit or raises no triable issues. To obtain summary judgment, the plaintiff must show the defendant has entered an appearance, been served with the statement of claim, and submit an affidavit verifying the claim and stating there is no defense
The document is the Limited Liability Partnerships Act 2012 of Malaysia. It establishes the legal framework for limited liability partnerships in Malaysia. Some key points:
- It provides for the registration, administration, and dissolution of limited liability partnerships (LLPs) in Malaysia.
- LLPs have a separate legal personality and capacity from their partners. They have perpetual succession even as partners change.
- The Act covers the formation, management, conversion from other business structures, foreign LLPs operating in Malaysia, and winding up of LLPs.
- Key terms like "partner", "limited liability partnership agreement", and "compliance officer" are defined. Professional practices that can operate as LLPs are
The document discusses various grounds and principles for challenging land acquisition proceedings in Malaysia. Some key points:
- Acquisition can be challenged if the acquiring authority exceeded its statutory powers or took the land for a purpose outside the scope of the act.
- Grounds for challenge include ultra vires, breach of natural justice, mala fide (bad faith), non-compliance with provisions, and unreasonable delay.
- Cases provide examples where acquisition was challenged for mala fide due to personal vendetta, or due to long delays of several years in the inquiry/award/payment process.
Land is reserved for public purposes like education, religion, and recreation to ensure availability when needed. Land is also reserved for certain communities to protect proprietary interests and prevent land loss. In Malaysia, land acts were passed to reserve land for Malays due to increased immigration and protect Malays from economic changes. The Federated Malay States Malay Reservations Enactment of 1933 standardized reservation laws, though definitions of "Malay" vary between states. Strict rules govern declaring and transferring reserved land to protect Malay interests.
Kemala has two options under the National Land Code to gain access to her land - an easement or a Land Administrator's Right of Way (LAROW). An easement requires the consent of the neighboring landowner while a LAROW can be imposed by the Land Administrator if no alternative route exists. However, the Land Administrator is typically reluctant to grant a LAROW if another option is available. Kemala must decide whether paying her neighbor is preferable to an uncertain LAROW application.
I am glad to upload this. For many days i am thinking that i should upload this. But i cannot manage time. I hope it will help all of you who are learning Chemistry, specially Bangladeshi people.
Sri Santhosh Patnaik successfully completed a Post Graduate Diploma in Computer Applications (PGDCA) at the COMTECH COMPUTERS centre in Srikakulam between November 2006 and November 2007. He was placed first and was awarded the diploma, which was certified under the seal of COMTECH COMPUTERS on November 25, 2007.
Sivarasa Rasiah, a lawyer and member of Parliament, wished to serve on the Bar Council but was disqualified under section 46A of the Legal Profession Act 1976. He challenged the constitutionality of section 46A, arguing it violated his rights to equality, association, and personal liberty. The Federal Court dismissed the appeal and held that: 1) the Malaysian Bar is a statutory body, not an association, so there was no violation of the right to association; 2) section 46A's restrictions were reasonable and aimed at ensuring an independent Bar Council free of political influence; and 3) section 46A complied with the equality and equal protection clauses.
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Ramadhan is seeking to invoke Order 1A of the Rules of Court 2012 to remedy irregularities in his application against Syawal. Order 1A allows courts to consider justice over technical non-compliance. However, the document analyzes several cases that have found Order 1A cannot be used to override mandatory rules or cure intentional non-compliance. As Ramadhan failed to comply with the mandatory prerequisites in Order 6 Rule 7(2A) for renewing his writ, it is unlikely the court would allow him to invoke Order 1A in this case.
Lien is a right for a lender to retain possession of property, like land title documents, belonging to a borrower until the loan is repaid. There are two types of lien - equitable lien where no caveat is lodged but the right still exists, and statutory lien where three elements must be met: deposit of title documents as security, intention to create a lien, and entry of a lien holder caveat. While caveat lodgment perfects the lien, equitable lien still allows future caveat entry. Lien provides simple and inexpensive security for lenders compared to other options like charges.
(1) A Temporary Occupation License (TOL) allows temporary occupation of state land, mining land, or reserved land for a specified purpose.
(2) A TOL is issued by the Land Administrator with approval from relevant authorities and is valid only until the end of the calendar year. It can be renewed up to three times with approval from the State Authority.
(3) A TOL holder has rights of possession of the land but cannot transfer or assign the license. The license terminates upon the death of the holder or dissolution of a company holder.
This document discusses the legal definition of land and the law of fixtures in Malaysia. It begins by defining land under the National Land Code to include things attached to or permanently fastened to the earth. It then examines the English common law test for determining whether an item is a fixture or chattel based on the degree and purpose of annexation, as established in Holland v. Hodgson. This test was applied in Malaysia through the case of Goh Chong Hin v. Consolidated Malay Rubber. The document also discusses exceptions to the law of fixtures such as tenants' fixtures and the effect of retention of title clauses.
This document discusses the key steps and legal considerations in forming a building contract through the traditional procurement system in Malaysia. It explains the process from invitations to tender, tender submissions, letters of intent and acceptance, estimation and quotation, and incorporation of contract documents. Case studies are presented to illustrate legal principles regarding mistakes in tenders, acceptance of quotations forming a binding contract, and letters of intent not creating a binding contract until formalization. Alternative procurement methods like design-build are also mentioned.
A lien is a right to retain possession of property belonging to another person as security for payment of a debt. A lien is created in two stages: first, the proprietor or lessee deposits the land title or duplicate lease with a lender as security for a loan, creating an equitable lien. Second, the lender enters a lien-holder's caveat on the land title at the land office, creating a statutory lien. Key requirements for a valid lien are that the registered proprietor deposits the title with intent to secure a loan. While express consent is not needed to lodge a caveat, fraud in the creation of security can be an issue. A lien provides a speedy way for businessmen to raise money compared
LAND LAW 1 Dealings part 2 leases and tenancies 2014xareejx
The key differences between Borhan's dealings with Mesra and Haris are:
1. The lease with Mesra is for 5 years and is registered, making it a formal lease agreement under the National Land Code.
2. The agreement with Haris is for 2 years with an option to renew for 1 more year, making it a tenancy exempt from registration under the Code since the term does not exceed 3 years.
3. As a lease, Mesra has security of tenure and its rights will be protected against subsequent dealings. As a tenancy, Haris' rights may not be protected against a new purchaser unless the tenancy is endorsed on the title.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document discusses 4 legal issues regarding the ownership of a property after one of the co-owners, Adam, died by suicide. It analyzes whether: 1) Adam's parents can claim a share of the property under intestacy rules since he died without a will; 2) Zainab, Adam's girlfriend, is entitled to a share based on her contributions to mortgage payments; 3) Ben's mother can claim 10% of shares based on her contribution to the initial purchase; 4) Ben's ownership grants him right of survivorship over Adam's share. The document concludes that Adam's parents are entitled to his share under intestacy, and that Zainab is likely entitled to a share under constructive trust or proprietary estop
Child Abuse Legislation in the UK : Shocking Number of Cases Reported in SchoolsIBB Law
Freedom of information requests were sent to schools in the UK - to determine the level of child abuse. The findings revealed shocking levels of sexual and physical abuse in schools despite the governement's attempt to improve child abuse legislation. Malcom Underhill of IBB solicitors disccuses why children are still not safe from harm in the UK.
The document discusses private caveats under Malaysian land law. A private caveat is a statutory injunction entered by the Registrar upon application by a person claiming an interest in land. It preserves the status quo of the land and suspends registration until disputes over claims are resolved. A private caveat does not create or enhance the caveator's interest, but rather serves as notice of a claim and prohibits dealings with the land pending litigation. The requirements for entering, extending, and removing a private caveat are outlined according to sections of the National Land Code.
Third party proceeding & summary judgementASMAH CHE WAN
Third party proceedings allow a defendant in a lawsuit to add additional parties that may be wholly or partly liable for the claim. A defendant can initiate third party proceedings if they claim contribution, indemnity, or require determination of an issue regarding the subject matter of the claim. A third party served with notice will be bound by the judgment if they do not enter an appearance or defend the claim.
Summary judgment allows a plaintiff to obtain a judgment without a full trial if the defendant's defense has no merit or raises no triable issues. To obtain summary judgment, the plaintiff must show the defendant has entered an appearance, been served with the statement of claim, and submit an affidavit verifying the claim and stating there is no defense
The document is the Limited Liability Partnerships Act 2012 of Malaysia. It establishes the legal framework for limited liability partnerships in Malaysia. Some key points:
- It provides for the registration, administration, and dissolution of limited liability partnerships (LLPs) in Malaysia.
- LLPs have a separate legal personality and capacity from their partners. They have perpetual succession even as partners change.
- The Act covers the formation, management, conversion from other business structures, foreign LLPs operating in Malaysia, and winding up of LLPs.
- Key terms like "partner", "limited liability partnership agreement", and "compliance officer" are defined. Professional practices that can operate as LLPs are
The document discusses various grounds and principles for challenging land acquisition proceedings in Malaysia. Some key points:
- Acquisition can be challenged if the acquiring authority exceeded its statutory powers or took the land for a purpose outside the scope of the act.
- Grounds for challenge include ultra vires, breach of natural justice, mala fide (bad faith), non-compliance with provisions, and unreasonable delay.
- Cases provide examples where acquisition was challenged for mala fide due to personal vendetta, or due to long delays of several years in the inquiry/award/payment process.
Land is reserved for public purposes like education, religion, and recreation to ensure availability when needed. Land is also reserved for certain communities to protect proprietary interests and prevent land loss. In Malaysia, land acts were passed to reserve land for Malays due to increased immigration and protect Malays from economic changes. The Federated Malay States Malay Reservations Enactment of 1933 standardized reservation laws, though definitions of "Malay" vary between states. Strict rules govern declaring and transferring reserved land to protect Malay interests.
Kemala has two options under the National Land Code to gain access to her land - an easement or a Land Administrator's Right of Way (LAROW). An easement requires the consent of the neighboring landowner while a LAROW can be imposed by the Land Administrator if no alternative route exists. However, the Land Administrator is typically reluctant to grant a LAROW if another option is available. Kemala must decide whether paying her neighbor is preferable to an uncertain LAROW application.
I am glad to upload this. For many days i am thinking that i should upload this. But i cannot manage time. I hope it will help all of you who are learning Chemistry, specially Bangladeshi people.
Sri Santhosh Patnaik successfully completed a Post Graduate Diploma in Computer Applications (PGDCA) at the COMTECH COMPUTERS centre in Srikakulam between November 2006 and November 2007. He was placed first and was awarded the diploma, which was certified under the seal of COMTECH COMPUTERS on November 25, 2007.
Sivarasa Rasiah, a lawyer and member of Parliament, wished to serve on the Bar Council but was disqualified under section 46A of the Legal Profession Act 1976. He challenged the constitutionality of section 46A, arguing it violated his rights to equality, association, and personal liberty. The Federal Court dismissed the appeal and held that: 1) the Malaysian Bar is a statutory body, not an association, so there was no violation of the right to association; 2) section 46A's restrictions were reasonable and aimed at ensuring an independent Bar Council free of political influence; and 3) section 46A complied with the equality and equal protection clauses.
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Ramadhan is seeking to invoke Order 1A of the Rules of Court 2012 to remedy irregularities in his application against Syawal. Order 1A allows courts to consider justice over technical non-compliance. However, the document analyzes several cases that have found Order 1A cannot be used to override mandatory rules or cure intentional non-compliance. As Ramadhan failed to comply with the mandatory prerequisites in Order 6 Rule 7(2A) for renewing his writ, it is unlikely the court would allow him to invoke Order 1A in this case.
Lien is a right for a lender to retain possession of property, like land title documents, belonging to a borrower until the loan is repaid. There are two types of lien - equitable lien where no caveat is lodged but the right still exists, and statutory lien where three elements must be met: deposit of title documents as security, intention to create a lien, and entry of a lien holder caveat. While caveat lodgment perfects the lien, equitable lien still allows future caveat entry. Lien provides simple and inexpensive security for lenders compared to other options like charges.
(1) A Temporary Occupation License (TOL) allows temporary occupation of state land, mining land, or reserved land for a specified purpose.
(2) A TOL is issued by the Land Administrator with approval from relevant authorities and is valid only until the end of the calendar year. It can be renewed up to three times with approval from the State Authority.
(3) A TOL holder has rights of possession of the land but cannot transfer or assign the license. The license terminates upon the death of the holder or dissolution of a company holder.
This document discusses the legal definition of land and the law of fixtures in Malaysia. It begins by defining land under the National Land Code to include things attached to or permanently fastened to the earth. It then examines the English common law test for determining whether an item is a fixture or chattel based on the degree and purpose of annexation, as established in Holland v. Hodgson. This test was applied in Malaysia through the case of Goh Chong Hin v. Consolidated Malay Rubber. The document also discusses exceptions to the law of fixtures such as tenants' fixtures and the effect of retention of title clauses.
This document discusses the key steps and legal considerations in forming a building contract through the traditional procurement system in Malaysia. It explains the process from invitations to tender, tender submissions, letters of intent and acceptance, estimation and quotation, and incorporation of contract documents. Case studies are presented to illustrate legal principles regarding mistakes in tenders, acceptance of quotations forming a binding contract, and letters of intent not creating a binding contract until formalization. Alternative procurement methods like design-build are also mentioned.
A lien is a right to retain possession of property belonging to another person as security for payment of a debt. A lien is created in two stages: first, the proprietor or lessee deposits the land title or duplicate lease with a lender as security for a loan, creating an equitable lien. Second, the lender enters a lien-holder's caveat on the land title at the land office, creating a statutory lien. Key requirements for a valid lien are that the registered proprietor deposits the title with intent to secure a loan. While express consent is not needed to lodge a caveat, fraud in the creation of security can be an issue. A lien provides a speedy way for businessmen to raise money compared
LAND LAW 1 Dealings part 2 leases and tenancies 2014xareejx
The key differences between Borhan's dealings with Mesra and Haris are:
1. The lease with Mesra is for 5 years and is registered, making it a formal lease agreement under the National Land Code.
2. The agreement with Haris is for 2 years with an option to renew for 1 more year, making it a tenancy exempt from registration under the Code since the term does not exceed 3 years.
3. As a lease, Mesra has security of tenure and its rights will be protected against subsequent dealings. As a tenancy, Haris' rights may not be protected against a new purchaser unless the tenancy is endorsed on the title.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document discusses 4 legal issues regarding the ownership of a property after one of the co-owners, Adam, died by suicide. It analyzes whether: 1) Adam's parents can claim a share of the property under intestacy rules since he died without a will; 2) Zainab, Adam's girlfriend, is entitled to a share based on her contributions to mortgage payments; 3) Ben's mother can claim 10% of shares based on her contribution to the initial purchase; 4) Ben's ownership grants him right of survivorship over Adam's share. The document concludes that Adam's parents are entitled to his share under intestacy, and that Zainab is likely entitled to a share under constructive trust or proprietary estop
Child Abuse Legislation in the UK : Shocking Number of Cases Reported in SchoolsIBB Law
Freedom of information requests were sent to schools in the UK - to determine the level of child abuse. The findings revealed shocking levels of sexual and physical abuse in schools despite the governement's attempt to improve child abuse legislation. Malcom Underhill of IBB solicitors disccuses why children are still not safe from harm in the UK.
Sean Mason is applying for a construction team lead/manager position. He has 20 years of experience in the oil and gas construction sector, having worked on projects for companies like Petrotrin, ABB Lumas Techint, and Repsol Trinidad Limited. These projects involved tasks like installation, supervision, planning, material management, and commissioning. Mason is AutoCAD trained and provides services like construction management, piping design, and commissioning. He has various qualifications in areas like piping, welding, instrumentation, and quality assurance.
Este documento presenta 11 outfits de invierno de la modelo Cara Delevingne. Los estilos incluyen mezclillas y chamarras de cuero, que son elementos básicos de la moda invernal. El documento ofrece inspiración para combinar prendas y lucir cool durante los meses fríos.
The document outlines the planning for an event called "Dinner in the Dark" to raise money for the charity SENSE. The event will be held at MOJO Bar and Tapas and involve a blindfolded 5 course meal. Objectives include raising over £400 through ticket sales. Extensive planning is shown including roles, budgets, marketing strategies, health and safety considerations, risk assessments and references. Feedback will be collected to evaluate the event's success.
This study examined the effects of listening to classical music (Mozart's Sonata K. 448) versus silence on student test scores. Students listened to the music or silence while taking a test. The results found that listening to classical music may have had an effect on scores, but it was not statistically significant. Previous research has found mixed results - some studies found no effect of music, while others found music could impact mood, anxiety levels, or performance for certain types of students. More research is still needed to fully understand the relationship between background music and test scores.
1. The student completed a placement at a talent management company where they were given various administrative tasks, often having to juggle multiple projects at once.
2. As part of researching venues and promotion for a drag act client, the student had to make phone and email contacts with venues and publications. This helped them develop their communication and research skills.
3. Through trial and error, the student learned to ask the right questions up front to be more efficient. Within a few days, they had secured a feature in a student magazine for the act. Their skills and confidence in research grew during the placement.
Magic Edge and Namco announced a joint venture to open a high-tech virtual reality entertainment center in Mt. View, California. The Magic Edge Entertainment Center will feature twelve interactive fantasy flight simulators developed by Magic Edge. Namco and Magic Edge will work together, with Magic Edge managing development and Namco taking over operations after two years. The companies aim to set new standards in the emerging location-based entertainment industry with this partnership.
Este documento describe un experimento para observar una muestra de suelo y determinar si es una mezcla homogénea o heterogénea. Se detallan los materiales, procedimientos y resultados del experimento. Al microscopio, la muestra muestra una textura rocosa y porosa formada por diversos componentes como minerales, rocas y seres vivos. Al agregar agua, esta es absorbida. Antes y después de calentar la muestra, hubo una diferencia de masa de 7 miligramos, lo que lleva a la conclusión de que el suelo
Este documento describe un procedimiento para determinar la presencia de cationes y aniones en una muestra de suelo. Se filtró una disolución del suelo en agua y ácido nítrico, y la disolución resultante y el residuo sólido se analizaron para detectar cloruros, sulfatos, hierro y carbonatos usando reactivos como nitrato de plata, cloruro de bario y sulfocianuro de potasio. Los resultados mostraron la presencia de cloruros, hierro y una pequeña cantidad de sulfatos, pero no de
The document provides an overview of project control services offered by The Project Control Professionals. They offer integrated project control services including project estimating, planning and scheduling, cost control, progress reporting and analysis, change management and claims, project health assessments, recovery planning, management training programs, and remote project control solutions. Their long experience provides early warnings of potential problems and an accurate assessment of final project costs.
Magic Edge Flight Amusement Center in Mountain View, California has become a popular attraction for technology workers to experience realistic flight simulations. The center transports visitors to a virtual world where they can pilot high-tech fighter jets in combat missions and dogfights. Pilots strap into full-motion simulators and wear headsets to communicate as they try to shoot down enemies and complete objectives. The intense virtual reality experience provides an adrenaline rush and helps employees relieve stress from their high-pressure tech jobs. The center has attracted over 40,000 members since opening and hosted corporate events for companies like Hewlett-Packard.
Este documento describe los virus informáticos como pequeños programas diseñados para propagarse de una computadora a otra e interferir con su funcionamiento. Explica que un virus infecta un dispositivo al ingresar y multiplicarse, lo que provoca fallas. También enumera diferentes tipos de virus e historia de su origen, y define las vacunas y antivirus como herramientas para detectar y prevenir infecciones.
Brittney N. Hill is seeking a full-time welding position with over 2 years of welding experience. She has an Associate of Applied Science degree in Welding with a 3.89 GPA and certificates in Welding and NCCER Core Curriculum. Her skills and training include MIG, pipe welding, and the ability to work independently or as part of a team.
Constructive trusts arise by operation of law rather than by the intention of the parties. They are used in circumstances where it would be unfair for someone to benefit from property that rightfully belongs to another.
The document outlines several traditional and modern circumstances that give rise to constructive trusts, including: when someone obtains unauthorized profits from a trust; uses a statute to commit fraud; enters into a mutual will agreement; or acquires property through unlawful conduct like murder. Constructive trusts can also be imposed on strangers who infringe on or assist with breaching a trust.
Modern categories where constructive trusts are imposed include family arrangements involving common intentions around property, as well as license agreements where someone is occupying land without a proprietary interest.
El documento describe problemas de atención a pacientes en un hospital, incluyendo largos tiempos de espera para consultas, falta de personal y material médico, y favoritismo hacia pacientes con conexiones políticas. Se investigaron estas cuestiones a través de observaciones, entrevistas a pacientes y personal del hospital. El objetivo era verificar la calidad de la atención y identificar las razones para la falta de capacidad para satisfacer la demanda.
The document defines an attitude as a psychological tendency to evaluate an entity with some degree of favor or disfavor. It notes that while attitudes often involve affect or emotions, affect is distinct from the measure of favorability that defines an attitude. Attitudes contain cognitive, affective, and behavioral components, though some views see the cognitive and behavioral aspects as derivative of the underlying affective component.
Fiduciary obligations and breach of confidence examining the high court’s g...Atul
This document examines whether the High Court of Australia provides adequate guidance to lower courts on the development of commercial equity law, specifically regarding fiduciary obligations and breach of confidence. It finds that while the High Court provides clear direction in some cases, other judgments leave ambiguity. It also considers if breach of confidence could be extended to protect consumer privacy but finds the courts reluctant to recognize a general right to privacy without legislative involvement. Overall, the High Court expects lower courts to follow its precedents closely, though not all of its guidance is well-defined, creating some uncertainty lower courts.
In this case, the husband, in a “no-fault” divorce, had agreed to child support payments of $50,000 per year, never to be less than $36,000 per year. The husband’s payments of support dropped below $36,000 a year, and the wife petitioned the lower court to find him in contempt and to raise the child support payment even above that maximum amount originally agreed.
The husband alleged that his income had decreased to such an extent that he could not make the agreed upon child support payments, even the minimum agreed to, and asked the court to reduce his child support obligation. The lower court required the husband to pay the least amount agreed to, i.e., the $36,000 per year.
The Supreme Court, in a case of first impression (that is, the question had not been decided before) ruled that while the parties should provide escalation clauses because everyone knows that a child’s expense increases over the years, (which had been the law for years), lower courts should in appropriate cases decrease, child support obligations where there had been a material change in the income of the paying party.
The document discusses Australian family law regarding children and property in the event of separation or divorce. It outlines that:
1. Australian family law since 1975 has focused on the best interests of the child, considering their welfare, wellbeing, and developmental needs. Amendments in 2006 and 2011 aimed to encourage shared parenting and protect children from harm.
2. Couples can develop parenting plans through mediation or have courts issue parenting orders outlining child custody and visitation. Consent orders can also be filed if couples agree but have animosity. Non-compliance can result in penalties.
3. Property ownership and division is also addressed, with courts making "just and equitable" distributions considering contributions and needs.
The document summarizes information about cohabitation from a family law conference presentation. It discusses:
1) The definition and increasing prevalence of cohabitation in the UK, with over 3 million cohabiting couples and most couples now living together before marriage.
2) The lack of legal protections for cohabiting couples compared to married couples, which can lead to relationship-generated disadvantage, especially regarding property and child-related financial matters upon separation.
3) The development of case law recognizing common law constructive trusts and considering both financial and non-financial contributions to determine property shares for separating cohabiting couples.
THE DIVORCE TRIALKEY TERMSAppealBench trialBurea.docxcherry686017
The document summarizes the key steps and processes involved in a divorce trial. It discusses the differences between uncontested and contested divorce hearings. In an uncontested hearing, the parties have reached an agreement or one party defaults. In a contested hearing, the parties are unable to agree and the judge must decide disputed issues. The document also outlines the paralegal's role in preparing for trial, which includes developing the theory of the case, assembling evidence like testimony and documents, preparing subpoenas, and creating a trial notebook to organize materials.
The correct legal status of a relationship is important, it has serious consequences. For a de facto it can determine if someone has a financial entitlement or if they don’t.
On the 10th anniversary of the introduction of the law for de facto property settlements, we ask the question “What is a de facto relationship?”.
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The document discusses key issues in applying private international law to divorce cases, including multiplicity of forums, recognition of foreign divorce decrees, and India's approach. It notes that multiple countries can have jurisdiction over divorce cases, and recognition of foreign decrees depends on principles of comity and reciprocity. While Indian courts have recognized principles like domicile in divorce cases, the rules are scattered and not codified uniformly, leaving gaps that could allow exploitation. The document argues that India needs coherent legislation to properly deal with divorce and other issues in marriages involving Non-Resident Indians.
The document summarizes guidance published by the Family Justice Council Financial Needs Working Group on defining and assessing financial needs in divorce cases. Some key points include:
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- Needs are generally defined as those generated by the relationship through decisions like one spouse prioritizing childcare. Courts will consider standard of living during the marriage and both parties' needs.
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The document discusses problems with the adversarial litigation process for divorcing families in Philadelphia County. It argues that litigation is detrimental to families and children by exacerbating conflict, is extremely expensive, and is overly time-consuming. Additionally, families are often unaware of alternative dispute resolution options available. The document proposes implementing reforms in Philadelphia County to provide less adversarial options, educate families on the process, and better address their emotional needs to make divorce less harmful and more efficient.
Contract assignment may seem to be complicated this is because there is a lot case law regarding to the contract law.Standard contract terms also have an important role to play in international commerce.Contractual relationship has to be performed as duty of legal obligations and legal rights must be arise. Formality of contract performed validity and enforceability of a contract. Throughout the assignment, I realised the intention to create legal relations is the supportive rule of law the formation of a contract for example offer,acceptance and consideration. There is a need of intention to create legal relations therefore legal duty arise within the party that intended to enter a contractual relationship.
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Mostyn J considered principles relating to spousal maintenance in a case involving a husband (H) and wife (W) who divorced after 11 years of marriage and 3 children. Some key principles discussed included:
1) Maintenance should only be awarded based on needs arising from choices made during the marriage.
2) A term for maintenance should generally be imposed to encourage independence, unless the recipient would face undue hardship.
3) The standard of living during marriage is relevant but not decisive, as the goal is the recipient's eventual independence.
4) If the respondent's income includes salary and bonuses, needs can be partitioned with base salary meeting strict needs and a percentage of bonuses awarded discretion
Mostyn J considered principles relating to spousal maintenance in a case involving a husband (H) and wife (W) who divorced after 11 years of marriage and 3 children. Some key principles discussed included:
1) Maintenance should only be awarded based on needs arising from choices made during the marriage.
2) A term for maintenance should generally be imposed to encourage independence, unless the recipient would face undue hardship.
3) The standard of living during marriage is relevant but not decisive, as the goal is the recipient's eventual independence.
4) If the respondent's income includes salary and bonuses, needs can be partitioned between the salary and a capped percentage of bonuses.
California child custody and visitation modificationsLegalDocsPro
Child custody and visitation modifications in California
are the topic of this issue of the weekly legal newsletter from LegalDocsPro. This is issue number 72. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since...
Hammurabi's Code from ancient Babylon included family law provisions that were considered just for the time. The Code addressed issues like inheritance, marriage, divorce, and parental responsibilities. It established consistent rules for these family matters that aimed to protect individuals and bring fairness and order to relationships within families. While views of justice have evolved, Hammurabi's Code helped set standards for equitable treatment of family members under the law in early Mesopotamian society.
Common Law Trusts by Persons Based in Civil Law JurisdictionsCone Marshall
This document discusses some of the differences between common law and civil law approaches to trusts, and how trusts established in common law jurisdictions like New Zealand are viewed and treated in civil law jurisdictions. It notes that under civil law, the beneficiary has rights of ownership over trust property, whereas under common law full ownership rights are only established when the trust ends. The document explores some potential issues that can arise with trusts involving civil law jurisdictions, such as forced heirship claims and challenges around settlor control. However, it argues that New Zealand law may be better able to accommodate these issues than other countries due to its unique historical legal developments and the fact that it has not adopted the Hague Convention on trusts.
1) The strict privity rule generally protects estate planning attorneys from lawsuits brought by disappointed beneficiaries who are not their clients.
2) In this case, two beneficiaries sued the attorneys who drafted their father's estate plan, claiming the plan did not equally distribute assets among the children.
3) The Colorado Supreme Court upheld the strict privity rule, finding the beneficiaries did not have standing to sue since they were not clients of the attorneys. The court opted not to adopt broader exceptions to strict privity utilized in other states.
1. Unfairness or Uncertainty: Cohabitation after Stack v Dowden
Introduction
Non-marital cohabitation is the fastest growing domestic arrangement in England and
Wales,1 with the Government Actuary’s Department predicting that 16% of adults will
find themselves in a cohabiting relationship by 2031.2 This, combined with the
continued absence of legislative intervention, despite the fact that cohabitants are
nearly five times more likely than spouses to separate,3 has posed an ever-growing
challenge for the judiciary. Ideally, couples will make an express declaration of trust
as to their interests in the cohabited family home, thus leaving their post-separation
positions relatively clear. But with many demonstrating indifference to their legal
interests at the time of acquisition4 and an erroneous belief in ‘common law
marriage’,5 it is often the case that this does not occur – leaving the matter, after the
1
Office for National Statistics, ‘Families and Households, 2014’ (Statistical Bulletin, 28 January
2015) <http://www.ons.gov.uk/ons/dcp171778_393133.pdf> accessed 27 February 2016.
2
Government Actuary’s Department,‘Marital Status Projections for England and Wales (2005)’
<www.gad.gov.uk/marital_status_projections/background.htm> accessed 25 February 2016.
3
René Boheim and John Ermisch, Breaking Up – Financial Surprisesand Partnership Dissolution
(University of Essex, ISER, 1999) 7.
4
David Cowan, Lorna F. O’Mahony and Neil Cobb, Great Debatesin Property Law (Palgrave
Macmillan, 2012) 224.
5
Anne Barlow, Carole Burgoyne, Elizabeth Cleary and Janet Smithson, ‘Cohabitation and the Law:
Myths, Money and the Media’ in Alison Park, John Curtis, Katarina Thompson, Miranda Phillips,
Mark Johnson and Elizabeth Cleary (eds), British Social Attitudes: The 24th
Report (Sage,2008) 40.
2. landmark decision in Stack v Dowden,6 to be settled by the common intention
constructive trust. In this essay, the success of the contemporary constructive trust in
providing relief for separating cohabitees is assessed against the indicia of fairness,
certainty and procedural hardship. While it is possible that the changes induced by
Stack (and later clarified in Jones v Kernott7) have increased the likelihood of parties
achieving a ‘fair’ outcome, it is suggested that the law has been left in a complex,
uncertain and altogether unsatisfactory state as a result. Yet it is ultimately argued
that this is a consequence of an inherent deficiency in the constructive trust’s ability to
suitably manage familial breakdowns, leaving the judiciary to navigate an inevitable
trade-off between certainty and fairness.
A Shift Towards Fairness?
When cohabitants share joint legal ownership of the family home, it is now presumed
that they hold the beneficial interest in equal shares under a constructive trust.8 This
presumption may be rebutted in “very unusual”9 cases, whereupon the court will
quantify the appropriate equitable shares by reference to a wide range of factors.10
This holistic approach also appears to apply at the quantification stage of sole
ownership cases where the non-owner cohabitant has acquired some share of the
beneficial interest. There is no doubt that this has vastly improved the law’s
6
[2007] UKHL 17.
7
[2011] UKSC 53.
8
Stack (n 6) [58] (Baroness Hale).
9
ibid [68].
10
ibid [69].
3. propensity to operate fairly in joint ownership cases, giving judges wide discretion to
incorporate non-financial contributions into the quantification of equitable shares, and
addressing the inequities produced by strict applications of the resulting trust. This
was well illustrated in Fowler v Barron,11 where the Court of Appeal awarded Ms
Fowler a 50% beneficial interest in the co-owned family home after a pre-Stack first
instance decision that deprived her of a share because she had not contributed to the
purchase price.
However, many argue that the court has failed to extend this all-encompassing
approach to the acquisition of a beneficial interest where legal title is held by one
party.12 Assuming this to be true, it means that parties without a legal interest must
meet the strict criteria in Lloyds Bank plc v Rosset13 and demonstrate a common
intention to share the beneficial interest arising from an express agreement or financial
contributions directly attributable to the purchase price.14 This has the potential to
engender vast unfairness. First, it is hard to see why services that have an economic
value should be given less significance than financial contributions, particularly when
they offer additional social value to the family unit.15 Privileging monetary
11
Fowler v Barron [2008] EWCA Civ 377.
12
Joanna Miles, ‘Cohabitation: Lessons for the South from North of the Border’ (2012) 71(3)
Cambridge Law Journal 492,492.
13
[1991] 1 AC 104 (HL).
14
ibid 132-3 (Lord Bridge).
15
Joanna Miles, ‘Property law v family law: resolving the problems of family property’ (2003) 23(4)
Legal Studies 624,641.
4. contributions also has a discriminatory effect against the party, often female,16 who
gives up full-time employment in order to care for a child.17 Women are also
disadvantaged because of disparities in the labour market, which leave them on
aggregate less able to make substantial financial contributions.18 The contrary body of
opinion points to Baroness Hale’s obiter comment that Rosset had “set the hurdle
rather too high”19 and the concluding remarks of her joint judgment in Jones20 to
suggest that the same holistic approach is to be taken with acquisition.21 There is also
the argument that judges have proved their willingness to be creative with the
concepts of ‘express agreement’ and ‘financial contribution’ in order to achieve fair
results, irrespective of the strict terms of the law.22 Examples of this include Lord
Denning’s judgment in Eves v Eves23 and the recent High Court decision in Bank of
Scotland v Brogan,24 where reliance was placed on substantial non-financial
16
Katherine Rake (ed), Women’s Incomes over the Lifetime (The Stationary Office, 2000).
17
Law Commission, Cohabitation: The Financial Consequencesof Relationship Breakdown (Law
Com CP No 179, 2006) para 4.15.
18
Anne Bottomley, ‘Self and Subjectivities: Languages of Claim in Property Law’ (1993) 20 Journal
of Law and Society 56,60.
19
Stack (n 6) [63].
20
Jones (n 7) [51], [52].
21
Simon Gardner and Katharine Davidson, ‘The Supreme Court on family homes’ (2012) 128 Law
Quarterly Review 178,178.
22
Simon Gardner, ‘Problems in family property’ (2013) 72(2) Cambridge Law Journal 301,306.
23
[1975] 1 WLR 1338.
24
[2012] NICh 21.
5. contributions to justify the acquisition of a beneficial interest.25 However, it is
doubtful whether forcing parties to rely on ‘judicial creativity’ for a fair result is
satisfactory.
At present, the true state of the law on this matter is unclear. There have been
sharp divides at the academic level26 and a slew of contradictory decisions from the
judiciary – some taking a holistic approach to acquisition27 while others have applied
the strict rules in Rosset.28 So while there is no doubt that courts are better placed to
deliver just results when quantifying interests in the family home, it remains to be
seen whether this is offset by persisting unfairness at the acquisition stage.
The Current State of the Law
The one conclusion with near-universal acceptance is that the constructive trust in its
current form is overly complex, subjective and uncertain – well illustrated by the
constant iterations, from both academics29 and judges,30 as to the importance of having
cohabiting couples make express declarations of trust in order to avoid a process that
25
Heather Conway,‘Constructive trusts and the family home (yet again) – Bank of Scotland Plc v
Brogan’ (2013) 6 Conv. 538,543.
26
Gardner (n 22) 305-6 cf Miles (n 12) 492.
27
Brogan (n 24), Crown Prosecution Service v Piper [2011] EWHC 3570.
28
Geary v Rankine [2012] EWCA Civ 555, James v Thomas [2007] EWCA Civ 1212, Morris v
Morris [2008] EWCA Civ 257.
29
Miranda Allardice, ‘Cohabitants and constructive trusts in 2015’ (2015) 3 PCB 105, 105.
30
Carlton v Goodman [2002] EWCA Civ 545 [44] (Ward LJ).
6. “can become fraught with uncertainty”.31 Practitioners have also been candid as to the
problems they face because of the law’s complexity and the virtual impossibility of
predicting how cases will be resolved at trial.32 Ultimately this has translated into
hardship for separating cohabitees, making it more difficult to reach out-of-court
settlements and forcing many to pursue a destructive trial process or abandon their
claim. Complexity also places a premium on specialised legal representation, not only
increasing legal costs across the system but advantaging those with greater financial
means. Moreover, the multitude of factors relevant to establishing a common
intention mean that considerable resources must be spent compiling large bodies of
evidence to establish something that, often, never existed.33 This forces reliance on
notoriously subjective oral testimony, making it even harder to predict the outcome of
a trial and subjecting parties to the rigours of giving evidence in open court. With all
these contingent factors in play, litigants can at best expect a drawn-out process of
appeals and prolonged subjugation to an uncertain future.34 Along with the confusion
regarding sole ownership cases, it is suggested that this unsatisfactory state of the law
has been predominantly caused by two sources of uncertainty produced by Stack and
Jones.
31
Frances Ratcliffe, ‘State of play: Legal Update Family’ (2015) 165 New Law Journal 7659, 7660.
32
Gillian Douglas, Julia Pearce and Hilary Woodward, ‘Cohabitants, Property and the Law: A Study
of Injustice’ (2009) 72 Modern Law Review 24,42.
33
Law Commission (n 17) para 4.50.
34
ibid paras 4.52-4.55.
7. Imputed Intentions
Where the court is unable to infer a common intention as to the quantum of shares, it
is now settled that one may be ‘imputed’ by reference to a yardstick of fairness.35
This involves a legal fiction whereby the judge employs significant discretion to
construct an intention that the parties likely never held,36 creating uncertainty by
opening the door to a multitude of equally justifiable outcomes.37 It also allows the
law to disconnect from reality, as occurred in Aspden v Elvy38 where the judge was
forced to impute an intention on the basis that the parties were just and reasonable
despite evidence suggesting the complete opposite, creating a risk of arbitrary
results.39 Unfortunately, these inherent difficulties have been compounded by a lack
of clarification from the Supreme Court. There was no explicit guidance in Jones as
to the types of circumstances that make it ‘impossible’ to infer an intention, and little
can be gleaned from the facts because the court split over whether an imputation was
necessary.40 Jones also shed little light on how an intention should be imputed, the
majority viewing it as practically the same as an inference,41 versus the minority who
35
Jones (n 7) [31].
36
Stack (n 6) [126] (Lord Neuberger).
37
Gardner (n 22) 304.
38
[2012] EWHC 1387 (Ch).
39
James Lee,‘“And the waters began to subside”: imputing intention under Jones v Kernott – Aspden
v Elvy’ (2012) 5 Conv. 421, 424.
40
Jones (n 7) [48] (Lord Walker and Lady Hale) cf [77] (Lord Kerr), [89] (Lord Wilson).
41
ibid [34] (Lord Walker and Lady Hale).
8. supported a distinct approach.42 As Lord Collins put it, “one person’s inference will
be another person’s imputation”,43 offering very little in the way of concrete direction
for the courts or practitioners. A worrying ramification of this is that some judges
appear to have reverted to a narrow focus on financial contributions in order to avoid
the process of imputation altogether, once again opening the door to unfairness.44
‘Unusual’ Cases
Baroness Hale in Stack purported to impose a “heavy burden”45 on parties seeking to
rebut the posited starting presumption, requiring that the circumstances be “very
unusual”. Theoretically, this should mean that the large majority of joint ownership
cases can be predicted with relative certainty. However, with the presumption being
rebutted in both leading cases and there being no substantive guidance as to what
makes a case sufficiently unusual, this has not materialised. Thus, with the wide
variety of relevant factors it will always be possible for a skilled lawyer to make the
argument that their client’s case is unusual, encouraging litigation.46 This stipulation
is made even less clear by the fact that what is ‘unusual’ in law does not appear to
correspond with what is ‘unusual’ in reality. In Stack for example, the starting
42
ibid [73] (Lord Kerr), [87] (Lord Wilson).
43
ibid [65] (Lord Collins).
44
Sarah Greer and Mark Pawlowski, ‘Imputation, fairness and the family home: Graham-York v
York’ (2015) 6 Conv. 512,515-21.
45
Stack (n 6) [33].
46
Andrew Dyson, ‘All’s fair in love and law: an analysis of the common intention constructive trust’
(2008) 4(2) Cambridge Student Law Review 149,163.
9. presumption was rebutted in part because the parties kept their finances separate, yet
empirical studies show this to be a common arrangement among cohabitants.47 Once
again, this need to engage in fiction is troubling and indicative of a more fundamental
deficiency with the constructive trust.48
The Constructive Trust
While it is attractive to blame these shortcomings on the Supreme Court’s failure to
appropriately clarify the Stack principles in Jones,49 it is suggested that to do so
ignores a more fundamental deficiency in the constructive trust. This lies in its
proprietary character, which has forced the judiciary to sacrifice certainty for the
possibility of securing a fair outcome. The starting point for this analysis is the
proposition that while separating cohabitees have a wide range of interests ranging
from compensation for a variety of contributions to residential security, their central
concern is ensuring a secure future for themselves and any dependents they might
have.50 The problem with the constructive trust is that like all proprietary devices, it is
wholly concerned with looking backwards to make a mechanical determination of
what parties have done to acquire legal rights. At the most basic level therefore, it is
incongruous with the objectives that the law should be pursuing. From a practical
47
Douglas, Pearce and Woodward (n 32) 37.
48
Cowan, O’Mahony and Cobb (n 4) 223.
49
Adam Doyle and James Brown,‘Jones v Kernott: which road to Rome?’ (2012) 26(2) Trust Law
International 96,105.
50
Miles (n 15) 639 citing Anne Barlow and Craig Lind, ‘A matter of trust: the allocation of rights in
the family home’ (1999) 19(4) Legal Studies 468.
10. perspective, this materialises in the fact that the constructive trust can only be used to
grant parties a proprietary interest, meaning that it lacks the “remedial flexibility”51
necessary to properly address the parties’ needs.
This becomes clear upon closer examination of the core requirement that
parties demonstrate a ‘common intention’ as to how the property is held. With
domestic cohabitation now fulfilling the same social function as marriage,52 there is a
strong public policy argument that the recognition given to non-financial contributions
when spouses divorce53 should also exist when cohabitees separate. Indeed it is
argued that a key source of unfairness is the law’s failure to recognise the unjust
enrichment, through non-monetary sacrifices, of one party at the expense of the
other.54 Yet it is simply not possible, without engaging in fiction, to rationalise the
conclusion that parties somehow make these contributions with the genuine intention
that they should translate into a proprietary interest.55 In fact as has been noted, it is
not uncommon for cohabitees to hold no real intention as to ownership at all. Thus,
the judiciary has had to resort to legal fictions and judicial discretion to manufacture
just results from an inherently flawed proprietary device.
51
Law Commission, Cohabitation: The Financial Consequencesof Relationship Breakdown (Law
Com No. 307, 2007) para 2.68.
52
Anne Barlow and Grace James,‘Regulating Marriage and Cohabitation in 21st
Century Britain’
(2004) 67 Modern Law Review 143,173.
53
Matrimonial Causes Act 1973, s 25(2)(f).
54
Douglas, Pearce and Woodward (n 32) 31.
55
Dyson (n 46) 164.
11. Conclusion
In his dissenting opinion in Stack, Lord Neuberger expressed concern that Baroness
Hale’s holistic approach was a “recipe for uncertainty, subjectivity, and a long and
expensive examination of the facts.”56 Unfortunately, it appears that these fears have
materialised. Yet as long as the law is confined to the constructive trust as a vehicle
for resolving breakdowns in cohabiting relationships, it seems that the only way to
ensure some measure of fairness is to accept an equal portion of uncertainty and
complexity. This reality, in combination with the plainly inadequate remedies offered
by the constructive trust, presents a strong case for a legislative regime that regulates
domestic cohabitation within a similar framework to marriage.
56
Stack (n 6) [146] (Lord Neuberger).
12. Table of Authorities
Cases
Aspden v Elvy [2012] EWHC 1387 (Ch).
Bank of Scotland v Brogan [2012] NICh 21.
Carlton v Goodman [2002] EWCA Civ 545.
Crown Prosecution Service v Piper [2011] EWHC 3570.
Eves v Eves [1975] 1 WLR 1338.
Fowler v Barron [2008] EWCA Civ 377.
Geary v Rankine [2012] EWCA Civ 555.
James v Thomas [2007] EWCA Civ 1212.
Jones v Kernott [2011] UKSC 53.
Lloyds Bank v Rosset [1990] UKHL 14.
Morris v Morris [2008] EWCA Civ 257.
Stack v Dowden [2007] UKHL 17.
Statutes
Matrimonial Causes Act 1973.
13. Bibliography
Books
Boheim, R and Ermisch, J, Breaking Up – Financial Surprises and Partnership
Dissolution (University of Essex, ISER, 1999).
Cowan, D, O’Mahony, L and Cobb, N, Great Debates in Property Law (Palgrave
Macmillan, 2012).
Park, A, Curtis, J, Thompson, K, Phillips, M, Johnson, M and Elizabeth Cleary (eds),
British Social Attitudes: The 24th Report (Sage, 2008).
Rake, K, (ed), Women’s Incomes over the Lifetime (The Stationary Office, 2000).
Official Publications
Law Commission, Cohabitation: The Financial Consequences of Relationship
Breakdown (Law Com CP No 179, 2006).
Law Commission, Cohabitation: The Financial Consequences of Relationship
Breakdown (Law Com No. 307, 2007).
Journal Articles
Allardice, M, ‘Cohabitants and constructive trusts in 2015’ (2015) 3 PCB 105.
14. Barlow, A and James, G, ‘Regulating Marriage and Cohabitation in 21st Century
Britain’ (2004) 67 Modern Law Review 143.
Barlow, A and Lind, C, ‘A matter of trust: the allocation of rights in the family home’
(1999) 19(4) Legal Studies 468.
Bottomley, A, ‘Self and Subjectivities: Languages of Claim in Property Law’ (1993)
20 Journal of Law and Society 56.
Briggs, A, ‘Co-ownership and an equitable non sequitur’ (2012) 128 Law Quarterly
Review 183.
Conway, H, ‘Constructive trusts and the family home (yet again) – Bank of Scotland
Plc v Brogan’ (2013) 6 Conv. 538.
Dixon, M, ‘Editor’s notebook: the still not ended, never-ending story’ (2012) 76
Conv. 83.
Douglas, G, Pearce, J and Woodward, H, ‘Cohabitants, Property and the Law: A
Study of Injustice’ (2009) 72 Modern Law Review 24.
Doyle, A and Brown, J, ‘Jones v Kernott: which road to Rome?’ (2012) 26(2) Trust
Law International 96.
15. Dyson, A, ‘All’s fair in love and law: an analysis of the common intention
constructive trust’ (2008) 4(2) Cambridge Student Law Review 149.
Gardner, S, ‘Problems in family property’ (2013) 72(2) Cambridge Law Journal 301.
Gardner, S and Davidson, K, ‘The Supreme Court on family homes’ (2012) 128 Law
Quarterly Review 178.
George, R, ‘Cohabitants’ Property Rights: When is Fair Fair?’ (2012) 71 Cambridge
Law Journal 39.
Greer, S and Pawlowski, M, ‘Imputation, fairness and the family home: Graham-York
v York’ (2015) 6 Conv. 512.
Lee, J, ‘“And the waters began to subside”: imputing intention under Jones v Kernott
– Aspden v Elvy’ (2012) 5 Conv. 421.
Miles, J, ‘Cohabitation: Lessons for the South from North of the Border’ (2012) 71(3)
Cambridge Law Journal 492.
Miles, J, ‘Property law v family law: resolving the problems of family property’
(2003) 23(4) Legal Studies 624.
16. Panesar, S, ‘Quantifying beneficial interest in joint ownership disputes: is the
constructive trust changing?’ (2012) 17 Coventry Law Journal 59.
Ratcliffe, F, ‘State of play: Legal Update Family’ (2015) 165 New Law Journal 7659.
West, J, ‘Redefining fairness’ (2011) 161 New Law Journal 1571.
Williams, G, ‘Trusts of land / Cohabitation: Who to trust?’ (2012) 162 New Law
Journal 1169.
Internet Sources
Government Actuary’s Department, ‘Marital Status Projections for England and
Wales (2005)’ <www.gad.gov.uk/marital_status_projections/background.htm>.
Office for National Statistics, ‘Families and Households, 2014’ (Statistical Bulletin,
28 January 2015) <http://www.ons.gov.uk/ons/dcp171778_393133.pdf>.