What is the presumption that a party is entitled to a third party’s trust?
Newfoundland and Labrador, Canada
The following excerpt is from Vokey v. Vokey Estate, 1997 CanLII 14698 (NL CA):
This presumption derives from the premise that equity assumes bargains, not gifts. The case of Dyer v. Dyer (1788), 30 E.R. 42, witnesses that this has been a principle of trust law for over two centuries in holding at p. 43 "that where a feoffment is made without consideration, the use results to the feoffor" but that "the resulting trust may be rebutted by circumstances in evidence".
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for joining a third party? (Newfoundland and Labrador, Canada)
Can inspection reports generated as a result of government inspections be considered "supplied" by a third party? (Newfoundland and Labrador, Canada)
Can a third party claim for damages arising out of the same factual circumstances? (Newfoundland and Labrador, Canada)
What is the standard of appeal and what is the test for determining that a third respondent’s solicitor acted in a conflict of interest? (Newfoundland and Labrador, Canada)
What is the test for establishing that poor and ignorant persons entitled to a reversionary interest have been induced to sell at an undervalue? (Newfoundland and Labrador, Canada)
Is a town entitled to claim damages from the property of the townspeople if the town equipment causes damage to the property? (Newfoundland and Labrador, Canada)
What is the necessity for parties to consider electronic evidence provisions alongside more established rules? (Newfoundland and Labrador, Canada)
Is a defendant entitled to be indemnified by an insurer? (Newfoundland and Labrador, Canada)
What is the burden of establishing a presumption of advancement against a child? (Newfoundland and Labrador, Canada)
Is there a presumption that a lawyer subject to a lateral transfer received relevant confidential information? (Newfoundland and Labrador, Canada)
