Bennet v Bennet
1879 · (1879) 10 Ch D 474
Posted By lanbuk.com
- Facts
- A mother advanced money to her son. The question was whether it was a gift or a loan.
- Issue
- Did the apply between mother and child?
- Held
- No. Jessel MR held that the presumption applies to a father, or one in loco parentis, because he has a duty to provide for the child. On the facts the money was a loan.
- Principle
- The presumption of advancement rests on a moral duty to provide, which old equity placed on fathers.
- Why it matters
- It explains why the presumption was limited.
Words and Latin in this note
- Presumption of advancement
- The old presumption that a transfer from a father to his child, or a husband to his wife, was a gift. It displaces the presumption of resulting trust and is now weak. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.