Nolan v Minerva Trust [2014] 2 JLR 117 (25 March 2014)
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.
- Citation
- [2014] 2 JLR 117
- Parties
- Plaintiff: Nolan; Defendant: Minerva Trust
- Jurisdiction
- Jersey
- Judgment Date
- 25 March 2014
- Procedural Posture
- Civil / Judgment
- Legal Topics
- Constructive Trusts, Fraud, Failure of Consideration
Case Brief
Summary, issues, holding and outcome
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Parties
Nolan
Plaintiff
Minerva Trust
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether a Halley constructive trust arises when fraud goes to the heart of a contract resulting in total failure of consideration
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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