LAWS 2202 Lecture Notes - Lecture 9: Estoppel
14 Dec 2019
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Resulting trust arises when both parties intend the legal (titled) holder of property to be holding part of the property in trust for another. Constructive trust arises when equity seeks to redress unconscionable conduct, such as an unjust enrichment. Facts: ranch wife seeks one half of the family ranch business after she separates from her husband, in whose name it"s registered, the wife really helped with the ranch but when they separated, she didn"t get anything. She didn"t put money into it because she"s a wife duh . Issue: whether either a resulting or constructive trust exists in order to award her a share of the ranch business. Ratio: no resulting trust since no common intention to share equally, no constructive trust since wife only doing what any alberta ranch wife was doing so no unjust enrichment to husband, wife looses . Facts: spouses (not married) operated a bee keeping business for 19 years, then separated.
