This paper explores equity and trusts law. QUESTION 1 According to Virgo, the ‘distinction between tracing at Common Law and in Equity is indefensible. It is another example of the historical divisions of the past being perpetuated without reason.’

Equity and trusts law.

QUESTION 1 According to Virgo, the ‘distinction between tracing at Common Law and in Equity is indefensible. It is another example of the historical divisions of the past being perpetuated without reason.’ G Virgo, The Principles of Equity & Trusts (4th edn, OUP 2020) 589 In light of this statement, does there need to be greater fusion of principles in tracing/knowing receipt with the common law doctrine of unjust enrichment? QUESTION 2 Kurt and Amanda are dating and for the past ten years they have lived with Amanda’s father, Rupesh.

Equity and trusts law.

Rupesh is the sole owner of the property, although he has told Amanda when she expressed any intention to move out that it was ‘as much your home as mine’, but Rupesh did not make any mention of Kurt. On another occasion Rupesh had said in front of Amanda and Kurt ‘I do not know what you see in him, if it was up to me he wouldn’t be living here’. Amanda has not paid any money into the property, nor does she do much around the house. Kurt, who has always sought Rupesh’s approval, pays for the weekly outgoings, including food, electricity, gas, broadband and subscription TV services.

Equity and trusts law.

A couple of years ago, Kurt discovered that Rupesh had fallen behind in paying off the mortgage, so Kurt made the payments himself. Last year, Rupesh invited his girlfriend, Pietra, to move in. Pietra is told by Rupesh that the house is owned by Rupesh and shared with his daughter Amanda. Rupesh encouraged Pietra, a home designer, to build an extension to the property. Rupesh has subsequently demanded that Amanda and Kurt move out, but upon hearing this Pietra was very upset. Rupesh has now also told Pietra that she must leave. Please advise Amanda, Kurt and Pietra about any interests they might have in the house.  https://youtu.be/e_KNbTj10Jk

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