Equity: RTs, CICTs, and Proprietary Estoppel

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Last updated: December 12, 2023

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Hint	Answer
When does the issue arise over a shared home?	When they separate
If not married, what statutory protection is not available to couples?	Matrimonial Causes Act 1973
Where do payments have to be directed under an RT to give rise to a beneficial interest?	Acquisition
How are interests quantified under an RT?	Look at financial contributions to acquisition
What kind of contributions do these have to be?	Direct
Where are resulting trusts mainly used now?	Commercial relationships
Who do CICTs usually involve?	Unmarried couples
Two situations?	Joint legal title
Two situations?	Sole legal owner
Two types of intention seen in Lloyds Bank v Rosset [1991]?	Express

Hint	Answer
Two types of intention seen in Lloyds Bank v Rosset [1991]?	Inferred
What arises under certain circumstances to not putting ones name on title?	Excuse
To what extent must B rely on promise from A to have interest?	To their detriment
How are interests in a CICT under joint tenants in law quantified?	Presume tenancy in common
If inferred?	Words and actions over entire course of dealing
How are interests in a CICT under sole legal owner cases quantified?	Joint enterprise
What is proprietary estoppel?	Remedy
Requirements for it to arise?	Assurance- that other has interest
Requirements for it to arise?	Reliance- on assurance/promise
Requirements for it to arise?	Detriment- Y suffers detriment as a result