Download or read book Explaining Constructive Trusts written by Gbolahan Elias and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v).
Download or read book Rationalising Constructive Trusts written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.
Download or read book Constructive Trusts written by Malcolm Cope and published by Lawbook Company. This book was released on 1992 with total page 1062 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constructive Trusts written by A. J. Oakley and published by . This book was released on 1997 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of a book previously in the Modern Legal Studies series, has been greatly expanded for use by practitioners dealing with cases involving constructive trusts. Case law since the last edition has made the subject an important one. The first practitioner text on this fast developing aspect of trusts law. Previous edition regularly judicially cited in Australia and New Zealand, and recently in England. Includes a discussion of Commonwealth authorities.
Download or read book An Introduction to the Law of Trusts written by Simon Gardner and published by OUP Oxford. This book was released on 2011-05-05 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.
Download or read book Litigating Constructive Trusts written by Paul Golden (Lawyer) and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Constructive trusts represent one of the ultimate balancing acts. On the one hand, society needs specifics about when someone has crossed the line and has taken something they are not entitled to. More critically, in the context of real property, hundreds of years of precedent indicate that no one can claim that they were given an interest in real property without a signed writing to that effect. On the other hand, judges wish to provide equity, and if they believe someone has been taken advantage of, and had their property taken in a way that does not fit any traditional tort, then a constructive trust can come to the rescue"--
Download or read book Understanding Trusts and Estates written by Roger W. Andersen and published by LexisNexis/Matthew Bender. This book was released on 1999 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding Equity Trusts written by Alastair Hudson and published by Taylor & Francis. This book was released on 2008 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Understanding Equity & Trusts' provides an accessible, readable and comprehensive overview of the main themes in this dynamic area of the law. It will be of interest to students struggling to cope with the increasingly complex field of trusts law, and to those revising for exams.
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 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 The Law of Trusts written by James Penner and published by Oxford University Press, USA. This book was released on 2012-07-05 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.
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 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 The Law of Tracing written by Lionel D. Smith and published by Clarendon Press. This book was released on 1997-07-24 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
Download or read book Complete Equity and Trusts written by Richard Clements and published by Oxford University Press. This book was released on 2018 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law
Download or read book Equity and the Law of Trusts in the Republic of Ireland written by Ronan Keane and published by A&C Black. This book was released on 2011-01-01 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Republic of Ireland, there have been many developments in the law affecting trusts, such as the decision of the Supreme Court in Lynch v Burke on resulting trusts and in England the decision of the House of Lords in Stack v Dowden on â??common intention,â?? constructive trusts. These and similar developments are comprehensively considered and explained in this second edition. The book is fully updated to include all relevant case law and legislation.
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by Oxford University Press, USA. This book was released on 2015 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.