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United Kingdom Leading Case common intention constructive trusts

Jones v Kernott

[2011] UKSC 53
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2011
StatusBinding authority

Summary

Where parties intended their beneficial shares to change, the court may infer or impute fair shares by reference to the whole course of dealing.

Key Principle

Following Stack v Dowden, where it is clear the parties intended their beneficial shares to change, the court may infer or impute the shares the parties intended by reference to what is fair, having regard to the whole course of dealing.

Area of Law

trusts

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A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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