CRCJ 3003 Lecture Notes - Lecture 8: Common Application
2 Aug 2016
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Handles cases in which a part unjustly benefits at the harm of another. Not normally covered by other areas of private law like tort or contract. Party a has some control over something on behalf of party b. B is true holder, therefor decision should consider then. The purchase of house: the transaction takes a lot of time. There is a period where you own the house but you don"t actually live in it. This is a common application of a trust. Person living at the house retains many of the rights, but some of them are in trusts. Mechanism of trust is used to maintain public access to land. Some bodies of water are considered public trusts. Trusts are also vehicle by which government held land for aboriginal people. Formed by actions and intents in the past. Looking at a scenario and infer whether there was intention to create a trust.
