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Imputing a common intention in single ownership cases

Imputing a common intention in single ownership cases

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2015) Imputing a common intention in single ownership cases. Trust Law International, 29 (1). pp. 3-15. ISSN 0962-2624

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Abstract

The notion of imputing an intention of what the parties must have intended by reference to a yardstick of fairness has been accepted by the English courts at the assessment stage when determining the size of the parties' respective beneficial shares in the family home. There is, however, little or no suggestion in the English case law that an imputed common intention has any role to play at the initial acquisition stage of the enquiry in single ownership cases. But is this necessarily correct? The article seeks to address this question with reference to both the English cases and the Canadian experience, based on the doctrine of unjust enrichment, which provides an interesting comparison. The article argues for the acceptance of an objective approach to determining beneficial entitlement by drawing the imputation, in the absence of evidence of a contrary intention, that the parties reasonably expected to share in the assets created in their relationship.

Item Type: Article
Uncontrolled Keywords: constructive trusts, single owenrship, family home, common intention, imputation, beneficial shares, unjust enrichment
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 09 Jan 2019 16:03
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: GREAT a
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/13747

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