Download or read book Automatic Resulting Trusts written by John Mee and published by . This book was released on 2016 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter considers the justification for the 'automatic' resulting trust. It points out that, as a historical matter, the dominant explanation has been that the settler 'retains' any beneficial interest of which he has not disposed. It is suggested, by reference to the “doctrine of the old use” in the law of succession, that this explanation is far more deeply rooted in the law than has been generally recognized. However, some commentators have argued that the retention idea is flawed at the level of principle, providing support for the idea that the existing rules should be altered to allow resulting trusts to operate as an instrument to reverse unjust enrichment in a wide variety of cases. The relevant issues are investigated in this chapter and it is concluded that the retention explanation, though deeply rooted in authority, is not fully satisfactory at the level of principle. It is also noted that the proposition that all resulting trusts should be regarded as being based on unjust enrichment is not supported by authority and, at the level of principle, is vulnerable to some of the same criticisms as the retention idea. This chapter identifies an alternative rationalization of the existing rules (which does not involve any modification in the content of those rules). It suggests that, in the context of the 'automatic' resulting trust, equity is confronted with the question of what should happen when property is given on trust to a trustee but the particular trusts indicated do not exhaust the beneficial interest or are invalid. The rule chosen by equity in this situation, that there should be a resulting trust for the settler, is difficult to fault as a matter of justice. It proceeds on the basis of a logically prior decision by equity that, once property has been conveyed to a trustee in whom the settler has reposed trust to hold it according to the settler's instructions, the trust will not 'fail', even where there is a failure in the particular trusts declared or a failure to declare any such trusts. Once one is willing to accept that a trust has been brought into existence by the conveyance to the trustee, so that someone must become entitled to the beneficial interest under that trust, it is difficult to justify anyone besides the settler taking any unallocated beneficial interest.
Download or read book Resulting Trusts written by Robert Chambers and published by Oxford University Press. This book was released on 1997 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Chambers has written a much-needed, detailed examination of the resulting trust which will be invaluable to all barristers and academics working in the areas of equity and trusts, restitution and the law of property.
Download or read book The Principles of Equity Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Download or read book Resulting Trusts written by John Mee and published by Hart Publishing. This book was released on 2021-09-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in resulting trusts has greatly increased in recent years, spurred by academic arguments that such trusts should be seen as a response to unjust enrichment and, therefore, as capable of arising in a wider range of situations than previously understood. This book provides a comprehensive analysis of the different types of resulting trust, including the purchase money resulting trust, the resulting trust arising upon a voluntary transfer of property and the 'automatic' resulting trust. It also examines the unclear relationship between the resulting trust and two other significant types of trust: the Quistclose trust (which arises in the commercial context) and the 'common intention constructive trust' (which generally arises in the family context). As well as engaging fully with the intricacies of the modern law on resulting trusts, the book also considers the history and underlying nature of resulting trusts and, drawing on the insights that emerge, offers an answer to the argument that it is appropriate to reshape the law of resulting trusts by reference to the principles of unjust enrichment.
Download or read book The Past Present and Future of Resulting Trusts written by John Mee and published by . This book was released on 2018 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law of resulting trusts is based on an old fiction whereby the owner of property is regarded as holding a beneficial interest which may be retained when the legal ownership has been transferred to another person. Unfortunately, this 'retention' idea does not provide a doctrinally satisfying justification for the current law. A logical response would be to discard those aspects of the law of resulting trusts that depend on the retention idea and, therefore, to dispense with presumed resulting trusts. The article argues that, in fact, in English law the purchase-money resulting trust has already been made irrelevant by the common intention constructive trust. However, the article argues for the continued recognition of gap-filling (i.e. 'automatic') resulting trusts on the basis that an alternative justification can be identified for such trusts.
Download or read book Equity and Trusts in Australia written by Michael Bryan and published by Cambridge University Press. This book was released on 2012-07-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.
Download or read book Equity and Trusts written by Alastair Hudson and published by Psychology Press. This book was released on 2005 with total page 1166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity and Trusts has quickly established itself as a market leader due to it clarity, insight and accessibility in what is perhaps the most complex of legal areas. Hudson's scholarly account of the subject makes this text sufficiently authoritative for trust practitioners but also provides a comprehensible introduction for a student audience. As in previous editions, the traditional doctrines are analyzsed in the context of current issues and the book's progressive approach intersperses discussion of the core ideas with clear examples. This fourth edition has been extensively rewritten and includes new chapters on: understanding the trust certainty in the creation of express trusts the rights of beneficiaries and the beneficiary principle, formalities in the creation of express trusts, constructive trusts breach of trust miscellaneous equitable remedies. Individual essays on the nature of express trusts, the law on fiduciaries, family law, human rights law and equity draw together the main principles while examining related questions of restitution and social justice. This book is essential reading for all those seeking a modern approach to this crucial area of law.
Download or read book An Enquiry Into the Nature and Operation of automatic Resulting Trusts written by Peter G. Creighton and published by . This book was released on 1979 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constructive and Resulting Trusts written by C Mitchell and published by Bloomsbury Publishing. This book was released on 2010-03-03 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.
Download or read book Trusts Law written by Graham Moffat and published by Cambridge University Press. This book was released on 2005-09-29 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
Download or read book Essential Trusts 3 e written by Andrew Iwobi and published by Cavendish Publishing. This book was released on 2001 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is part of the Cavendish Essential series. The books in the series are designed to provide useful revision aids for the hard-pressed student. They are not,of course, intended to be substitutes for more detailed treatises. Other textbooks in the Cavendish portfolio must supply these gaps.The Cavendish Essential Series is now in its third edition and is a well established favourite among students. The team of authors bring a wealth of lecturing and examining experience to the task in hand.
Download or read book A Student s Guide to Equity and Trusts written by Judith Bray and published by Cambridge University Press. This book was released on 2020-08-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings Equity and Trusts to life for students of all abilities with clearly explained principles and simple, practical examples.
Download or read book Proprietary Interests in Commercial Transactions written by Sarah Worthington and published by Oxford University Press. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.
Download or read book The Quistclose Trust written by William Swadling and published by Hart Publishing. This book was released on 2004-02 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision of the House of Lords in Twinsectra v Yardley (2002) has refocused attention on the Quistclose trust (Barclays Bank v Quistclose Ltd 1970] AC 567). Although accepted by British insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the supposed foundations of the trust and subject them to a searching analysis. In particular, attention will focus on Lord Millett's controversial analysis in Twinsectra of the way the trust works and his assertion that it is consistent with traditional principles of trust law.
Download or read book The Decision to Trust written by Robert F. Hurley and published by John Wiley & Sons. This book was released on 2011-10-25 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proven model to create high-performing, high-trust organizations Globally, there has been a decline in trust over the past few decades, and only a third of Americans believe they can trust the government, big business, and large institutions. In The Decision to Trust, Robert Hurley explains how this new culture of cynicism and distrust creates many problems, and why it is almost impossible to manage an organization well if its people do not trust one another. High-performing, world-class companies are almost always high-trust environments. Without this elusive, important ingredient, companies cannot attract or retain top talent. In this book, Hurley reveals a new model to measure and repair trust with colleagues managers and employees. Outlines a proven Decision to Trust Model (DTM) of ten factors that establish whether or not one party will trust the other Filled with original examples from Daimler, PriceWaterhouse Coopers, Goldman Sachs, Microsoft, QuikTrip, General Electric, Procter and Gamble, AzKoNobel, Johnson and Johnson, Whole Foods, and Zappos Reveals how leaders in Asia, Europe, and North America have used the DTM to build high-trust organizations Covering trust building in teams, across functions, within organizations and across national cultures, The Decision to Trust shows how any organization can improve trust and the bottom line.
Download or read book Restitution and Equity written by Peter Birks and published by . This book was released on 2000 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity and Trusts written by Mohamed Ramjohn and published by Psychology Press. This book was released on 2006 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting practical answers to fifty typical exam questions, this new edition helps students to penetrate and understand the complexities of equity and trusts. Traditionally a difficult subject for those approaching it for the first time, special care has been taken to present the subject as a whole in a structured way, with basic matters examined first before moving on to more difficult concepts. Incorporating new questions and answers, this new edition has been fully updated to include: recent case law e.g. Choithram v Pagarani 2001, Pennington v Waine 2002, Twinsectra v Yardley 2002, Duggan v Governor of Full Sutton Prison 2004 discussion of the Charities Bill 2004 the implications of the Trustee Act 2000. Clarifying the mysteries surrounding the study of equity and trusts, this book contains essential advice and examples which illustrate how to successfully answer examination questions on the subject.
