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TASKE V ELLIOT - AN ANLYSIS

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This 8-page paper answers various questions about legalities and business structure in Australia. Bibliography lists 5 sources.

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8 pages (~225 words per page)

File: D0_MTqueensl.rtf

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the younger woman $100,000. After two and a half years, Taske went to live in a retirement village, and wanted her $100,000 back. Her daughter, on the other hand, believed the money was a gift, and didnt have a reimbursement requirement. Taskes belief, however, was that the $100,000 was used to help her daughter with the purchase of a house. The money, by the way, came from Taskes sale of her own house, which was agreed to, as the daughter agreed to look after her mother. However, after about two years of the arrangement, the daughter began having difficulties with the mother. Though the daughter felt Taske might be suffering from dementia, none of the doctors found any evidence of dementia. After an accusation regarding theft of some ornaments, the daughter ordered the mother to vacate the premises. The mother wanted the $100,000 back, even after vacating the premises and living in a retirement village. The court ruled that the money was not a gift, and must be repaid, along with a $20,000 interest rate. The following will answer questions about this case. What is a constructive trust? A constructive trust is created by a court whenever a title to property is being held by a person who shouldnt be allowed to retain it (Legal Dictionary, 2008). Courts will generally create a constructive trust in the event of disloyalty or breach of trust by an express trustee (i.e., the person appointed to execute a trust). (Legal Dictionary, 2008). Its also created when property is obtained (or retained) by unconscionable conduct (Legal Dictionary, 2008). A constructive ...

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