Christie and Farrand have recently split up, having lived together for 23 years. They never married. They have a daughter, Jada, who is 17 years old. Farrand purchased the family home 20 years ago and it was registered solely in his name. At the time of the purchase, Christie suggested that the house should be registered in their joint names. Farrand responded, ‘We don’t need a bit of paper! You trust me, don’t you?’ Farrand provided the deposit. The balance of the purchase price was funded by a mortgage loan in his name. Farrand has paid all the mortgage instalments. Christie used the sale proceeds of her studio flat to furnish the purchased family home. Shortly before Jada was born, Christie gave up her job as a legal secretary and did not work again until 2007, when she got part-time work back at her old firm. Her wages were a welcome addition to the family finances, because Farrand’s business was going through a bad period. Farrand continued to meet the mortgage payments but, since 2007, Christie has paid all other household bills. Task: Advise Christie on whether she can claim a share in the family home under the rules of implied trusts (examining both resulting and constructive trusts rules) and, if not, whether any other remedies may be available to her.) • Demonstrate a systematic, contextual and critical knowledge and understanding of the key theories, concepts and principles of Equity and Trusts
• Critically understand the limitations of current law and proposals for reform.
• Consolidate skills of independent research, enquiry, analysis, synthesis and convey complex information from a wide range of sources.
• Reflect on and evaluate equitable concepts, doctrines, interests and remedies.
• Critically analyse the importance of formality requirements and distinguish between legal and equitable interests.
• Identify and categorise trusts, and critically evaluate the requirements for a valid trust.
• Critically analyse the rules applying to the creation and operation of trusts.
