Lord Bridge in Lloyds Bank v Rosset [1991] 1 AC 107 suggested that there were two ways for a non-legal owner to acquire an interest in the family home under a constructive trust of common intention. The second limb is where the common intention is to be found from the conduct of the parties alone. Which of the following statements best describes what the courts are looking for here? (Read each answer and think carefully before answering) .
A) There must be a direct contribution to the purchase price, which would provide both the common intention and the detriment to acquire an interest in the home.
B) The court will infer a common intention from any conduct that suggests the house should be shared and there is at least a change of position on the basis of this common intention.
C) The court will infer or impute the existence of an interest for the non-legal owner, looking at all aspects of how the parties shared the family home.
D) The net effect of this requirement is that the court will impose an interest where they feel it is 'just and equitable' to do so.
Correct Answer:
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