Case Study: Goodman V. Gallant

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Mark’s girlfriend Zoe has an Express Trust, signed by Mark at the time that he acquired the property, stating the interest that Zoe hold in the property (LPA 1925, s.53 (1)(b)). If the declaration specifies the parties’ respective beneficial shares, it will be conclusive as to the practical enforceability of the trust (case of Goodman v Gallant [1986]). Otherwise, the division of the property will be decided following the rules of the resulting and constructive trusts. Zoe could have protected her interest by an entry of a restriction in the proprietorship register to which it relates (Section 40 & 43 LRA 2002), and so, preventing Mark from selling the property without appointing a second

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