Weekly review: 20th – 24th August

Common intention constructive trust

Pooling of financial resources and taking on joint and several liability under a guarantee where there is a serious prospect of liability under the guarantee can be good evidence of a common intention constructive trust in a sole name case and of an intention that the parties are to be equally beneficially entitled (Hyett v Stanley).

Deed of Mutual Covenant: breach: waiver

The incorporated owners of a development cannot waive a breach of DMC since it is their duty to enforce the provisions of the DMC (Hysan Property Management Ltd v Pearl Global Ltd).

Proprietary estoppel: remedy: proportional; unconscionability

Where the assurance is clear and specific as to the interest to be acquired, it is not disproportionate to give effect to it. Unconscionability always arises when the necessary assurance, reliance and detriment are present and the maker of the assurance seeks to resile from it (Suggitt v Suggitt).

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