LAWS 2202 Lecture Notes - Lecture 9: Natural Justice
22 Apr 2016
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Resulting trusts: arises when both parties intend the legal holder of property to be holding part of the property in trust for another. Constructive trusts: arises when equity seeks to redress unconscionable conduct, such as an unjust enrichment. Murdoch v. murdoch 1973 scc 1: facts ranch wife seeks one half of the family ranch business after she separates from her husband. The ranch is registered in the husband"s name. She was claiming for a half of the interest in the family ranch. She worked on lands with her husband in order to earn the money that was used to purchase the ranch. Some payments came from her bank account, however there is dispute as to whether these were her funds or a loan from her mother to her husband. She also cared for the ranch entirely as he was away for a long period of time.
