Avertisment: Acesta nu este un sfat juridic. Legislația și jurisprudența se schimbă. Consultați întotdeauna un avocat calificat pentru situația dvs. specifică.

Toate cazurile
Equity & Trusts
Court of Appeal
1897

Rochefoucauld v Boustead

[1897] 1 Ch 196

Ratio Decidendi

The Statute of Frauds cannot be used as an instrument of fraud. Where a person acquires land on an oral understanding to hold it on trust for another, equity will enforce the trust despite the lack of written evidence.

Fapte

Boustead purchased coffee estates at auction on an oral agreement to hold them on trust for the Comtesse de la Rochefoucauld. He later claimed absolute ownership.

Rezumatul hotărârii

Lindley LJ held that equity would not allow the statute to be used to perpetrate a fraud. Boustead held the estates on trust.

Citate cheie

"It is a fraud on the part of a person to whom land is conveyed as a trustee, and who knows it was so conveyed, to deny the trust and claim the land as his own."

Lindley LJ

Tratament ulterior

Good law

Established that statute of frauds cannot be used as an engine of fraud.