면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Equity & Trusts
Court of Appeal
1897

Rochefoucauld v Boustead

[1897] 1 Ch 196

판결 이유

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.

사실관계

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.

판결 요약

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

주요 인용문

"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

후속 처리

Good law

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