Deck 3: Implied Trusts

Question 1

The common law recognises the mechanism of the trust.

Answer 1

False

Question 2

What were the two types of resulting trust that Lord Browne-Wilkinson outlined?

Answer 2

No Answer.

Question 3

Under Lord Browne-Wilkinson's first category of resulting trust what does equity presume?

Answer 3

No Answer.

Question 4

What did Lord Upjohn emphasise about how a presumption of a resulting trust worked in Vandervell v IRC (1967) 2 AC 291?

Question 5

In which case did Megarry J categorise resulting trusts as presumed and automatic?

Question 6

Which type of the two types of resulting trust outlined by Megarry in Re Vandervell's Trusts (No 2) is outlined here: 'any express trust which accidentally failed to dispose of the entire equitable interest in property would not contain evidence of the settlor's intentions as to what should occur to the remaining non-disposed part of the equitable interest.'

Question 7

In which case were the approaches of Megarry J and Lord Browne-Wilkinson arguably linked?

Question 8

Why is the presumption of advancement seen to be outdated?

Question 9

Which section of the Equality Act 2010 will abolish the presumption of advancement?

Question 10

In Westdeutsche Landesbank Girozentrale v Islington LBC (1996) AC 669 how many categories of resulting trust did Lord Browne-Wilkinson outline?

Question 11

Where do resulting trusts get their name?

Question 12

How do implied trusts arise?

Question 13

In all probability, most trusts are created expressly?

Question 14

Express trusts for land have to be in writing?

Question 15

Implied trusts for land can be created orally.

Question 16

Constructive trusts are based on unconscionability.

Question 17

It is because of the label of a person's profession or employment that makes such a person a fiduciary.

Question 18

The decision in Stack v Dowden with regard to when a constructive trust could arise was obiter dicta.

Question 19

Does Lord Browne-Wilkinson believe that resulting trusts arise from the parties' intentions?

Question 20

Under which circumstances does the presumption of advancement apply?

A)Husband to wife
B)Wife to husband
C)Father to child
D)Mother to child
E)Fiancé to fiancée

Question 21

What are Quistclose trusts?