Jersey Judgment

Nolan v Minerva Trust [2014] 2 JLR 117 (25 March 2014)

Trust Law Constructive Trusts Fraud Failure of Consideration

Citation: [2014] 2 JLR 117
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

A constructive trust will be imposed where the plaintiff transfers money to invest in property the defendant purports to own but does not, and there is no intention to do so, amounting to fraud and total failure of consideration.

Material facts

Parties

Nolan

Plaintiff

Minerva Trust

Defendant

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

Whether a Halley constructive trust arises when fraud goes to the heart of a contract resulting in total failure of consideration

Party arguments

Applicant: Plaintiff claims entitlement to a constructive trust due to fraud by defendant resulting in total failure of consideration.
Respondent: Defendant denies fraud and/or existence of circumstances giving rise to a constructive trust.

Court’s reasoning

Legal principles

01
Nolan v Minerva Trust [2014] 2 JLR 117

A Halley constructive trust arises if fraud goes to the heart of the contract, resulting in total failure of consideration.

Ratio, limits and disposition

Ratio decidendi

A constructive trust will be imposed where the plaintiff transfers money to invest in property the defendant purports to own but does not, and there is no intention to do so, amounting to fraud and total failure of consideration.

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Court record

Judgment

[2014] 2 JLR 117

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BAILII >> Databases >> Jersey Law Reports >> Nolan v Minerva Trust [2014] 2 JLR 117 (25 March 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142117.html Cite as: [2014] 2 JLR 117 [ New search ] [ Help ] Nolan v Minerva Trust 2014 (2) JLR 117 (25 March 2014) Trusts-constructive trusts-Halley constructive trusts-arises if fraud goes to heart of contract, resulting in total failure of consideration-e.g. if plaintiff transfers money to invest in property defendant purports to own but in fact does not and no intention to do so The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (2) JLR 117 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142117.html

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Nolan v Minerva Trust [2014] 2 JLR 117

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