Equity and Trust
“The distinction between inference and imputation may appear a fine one … but it is important. An inferred intention is one which is objectively deduced to be the subjective actual intention of the parties, in the light of their actions and statements. An imputed intention is one which is attributed to the parties, even though no such actual intention can be deduced from their actions and statements, and even though they had no such intention. Imputation involves concluding what the parties would have intended, whereas inference involves concluding what they did intend”.
Stack v Dowden [2007] UKHL 17 [125-126] per Lord Neuberger
Critically evaluate whether Kernott v Jones [2011] UKSC 53 has clarified the use of imputation and left the law in a satisfactory position.
