Law of Equity and Trusts Essay Example | Topics and Well Written Essays - 1000 words

Law of Equity and Trusts - Essay ExampleIn 2009, he declared, all of my property including our lovely barge home is as much your Lorraine as it is mine. This takes the form of an oral promise and judging from the fact that it was made on several occasions, Lorraine can establish that it amounts to an interest of virtually kind in the property (Ungarian v Lesnoff (1990) and Eves v Eves (1975)). Thus, the second step for Lorraine in order to establish her equitable interest in the property would be to prove that she relied upon the promise to her suffering. Lorraine spent a considerable amount of structural repairs and decoration, to the tune of 65000 pounds and contributed half of her salary to maintenance while she was working. This satisfies the additional requirement that the detriment faced must be in relation to the property in question (Gissing and Christian v Christian (1981)). However, the detriment must be in reliance on the promise, and it seems that she spent the money BE FORE the actual promise was made, as the promises came after the birth of the triplets in 2009 and the money was spent much earlier. However, Lorraine to a fault quit her job and was unable to return to it after the birth of the children. This could easily be a detriment that flowed from the promise. Lord Bridge in Lloyds Bank guardedly acknowledged the operation of a constructive trust to be used to do mediocreice and its presence cannot be willfully denied in this case just because the job was not directly related to the property (a requirement set by Gissing).