| 释义 |
common intention constructive trust
An implied trust that gives effect to the common intention of the parties. The notion of a common intention constructive trust has been used almost exclusively to establish a share (or, more recently, an enlarged share) in the family home (Pettitt v Pettitt [1970] AC 777 (UKHL); Gissing v Gissing [1971] AC 886 (UKHL)). To acquire an interest the claimant has to establish a common intention that he was to have an interest and detrimental reliance (or change of position) on that common intention. After Lloyds Bank v Rosset [1991] 1 AC 107 (UKHL) the courts adopted a restrictive approach to establishing a common intention, with only an express agreement or financial contributions being accepted as evidence of that intention. Once the common intention has been established, the courts are willing to apply a “broad brush approach” to qualifying the interest (Drake v Whipp [1996] 1 FLR 826 (CA)). More recently the courts have been willing to infer a common intention to quantify the interest (Stack v Dowden [2007] UKHL 17, [2007] 2 AC 432) and, in exceptional circumstances, they may even impute a common intention between the parties (Jones v Kernott [2011] UKSC 53, [2012] 1 AC 776). |