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. Which section of the Law of Property Act 1925 relates to implied trusts?

Section 53 (1) (b) correct incorrect

Section 53 (2) correct incorrect

Section 52 (1) correct incorrect

Section 53 (1) (c) correct incorrect

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. What types of resulting trusts are there?

Automatic, Implied, and Presumed correct incorrect

Automatic and Presumed correct incorrect

Automatic correct incorrect

Presumed correct incorrect

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. What examples are given for the creation of an automatic resulting trust?

- Uncertainty of objects
- Failure to dispose of whole beneficial interest
- Surplus of funds after a valid purpose trust has completed its purpose correct incorrect

Implied Intention and Express Intention correct incorrect

- Uncertainty of objects
- Failure of a contingency
- Failure to dispose of whole beneficial interest
- Surplus of funds after a valid purpose trust has completed its purpose
- Money given for a stated purpose which can no longer be carried out correct incorrect

- Uncertainty of objects
- Failure of a contingency
- Failure to dispose of whole beneficial interest
- Money given for a stated purpose which can no longer be carried out correct incorrect

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. When will a presumed resulting trust arise?

When property is purchased in the name of another person. correct incorrect

When there is the purchase of property in the name of another person or there is a transfer of property to another person who provides valuable consideration (a conveyance). correct incorrect

When a person's conscience is presumed to be affected by equity so that they cannot hold the property for themselves but have to hold it for another. correct incorrect

When there is the purchase of property in the name of another person or there is a transfer of property to another person who does not provide valuable consideration (a voluntary conveyance). correct incorrect

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. Which case can be used to illustrate that a gift or purchase in the name of another by a father to legitimate child will reverse the presumption of resulting trust with the presumption of advancement?

Shepherd v Cartwright [1955] AC 431. correct incorrect

Abrahams v Trustees of the Property of Abrahams [1999] BPIR 637. correct incorrect

Cowcher v Cowcher [1972] 1 WLR 425. correct incorrect

Silverwood v Silverwood (1997) 74 P & CR 453. correct incorrect

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. In rebutting a presumption which relies upon statements made in relation to a voluntary transfer or purchase in the name of another, who can rely on statements made after the transfer or purchase?

Only the person who did not make the statements. correct incorrect

Both parties. correct incorrect

Neither party. correct incorrect

No oral statements can be relied upon. correct incorrect

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. How did the courts distinguish Tribe v Tribe [1996] Ch 107 from the decision in Tinsley v Milligan (1993)?

The court said that as the relationship was father to son the principle did not apply. correct incorrect

The court held that the property was shares and therefore the illegality of purpose was less relevant. correct incorrect

The father did not need to rely on his intended purpose as there was a presumption of resulting trust. correct incorrect

The father had withdrawn from the illegal purpose before it was completed so he could rely on evidence of his intention in transferring the property. correct incorrect

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. What are the two types of constructive trust over a family home identified in Lloyds Bank v Rosset?

Express Common Intention and Inferred Common Intention correct incorrect

Express and Implied trusts correct incorrect

Constructive and Resulting correct incorrect

Common intention and implied correct incorrect

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. What must be proved to find an express common intention constructive trust?

Payments into the household followed by detrimental reliance. correct incorrect

A promise which is relied upon to the detriment of the claimant. correct incorrect

A promise to hold for another. correct incorrect

A shared express statement of intention to hold property followed by actions in reliance by the non-legal owner. correct incorrect

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. How do the courts allocate the proportion of interest gained in the family home by implied trusts?

The courts look at how much money was paid in on a 'bank balance approach'. correct incorrect

The courts allocate interests according to the need to do equity. correct incorrect

Resulting trusts are based upon the bank balance approach, financial contribution to purchase. Constructive trusts will look to the minimum equity to do justice between the parties. Looking at what the express agreement was, then at the 'whole course of dealing'. correct incorrect

The courts will consider how much money was paid in then who paid the bills and contributed to the home financially to see how much of a share should be given. correct incorrect