Download or read book Reanalysing Institutional and Remedial Constructive Trusts written by Ying Khai Liew and published by . This book was released on 2018 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often said that English law does not impose “remedial” constructive trusts because it is manifestly inappropriate and fundamentally unjustified to impose trusts through the exercise of judicial discretion and with retrospective effect. This paper observes the definitional deficiencies in this understanding, and reanalyses constructive trusts in terms of the rights which they give effect to. This understanding reveals that English law sets its face against the exercise of discretion in relation only to some “remedial” constructive trusts and not others, and that the perceived difficulties with remedial constructive trusts are often exaggerated. It ends by noting some crucial implications of the reanalysis for the future development of the law.
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 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 The Remedial Constructive Trust written by David M. Wright and published by Butterworth-Heinemann. This book was released on 1998-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Can Sense be Made of the Remedial Constructive Trust written by Peter Birks and published by . This book was released on 1999 with total page 21 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 A Jurisprudential Basis for the Remedial Constructive Trust written by Rod Thomas and published by . This book was released on 2020 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constructive trust is a misunderstood area of jurisprudence. The perceived difficulties have been exacerbated over the last 40 years by the development in Commonwealth jurisdictions of a 'remedial' constructive trust. This thesis suggests that the constructive trust can be understood by reconsideration of the nature of a beneficiary's interest under the trust.Under the analysis undertaken, constructive trusts are seen as belonging to one of three different classifications.First is the policy constructive trust. This is a trust imposed by equity irrespective of individual fault, and dependent on the status of the parties.The second category is the proprietary constructive trust. Its imposition centers on the perception that the beneficiary has retained beneficial ownership of the trust property. It is our understanding of this classification that is questioned in the following material.Finally, there is the discretionary constructive trust. It is this form of trust that has caused the most consternation in recent years. The trust is imposed by a court sui generis, to give a personal remedy with proprietary consequences. The application of this trust is seen to arise as a result of equity's emerging trend of requiring a standard of fair behavior between parties in relationships recognized to have legal effect at law.As a consequence, the perception of the beneficiary owning the trust property is found to be misleading, holding back a principled development of personal liability in equity with proprietary consequences.
Download or read book Constructive Trusts and Unjust Enrichment written by Sir Nicolas Browne-Wilkinson and published by . This book was released on 1991 with total page 24 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 1978 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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: Unlike traditional express trusts that are planned well in advance with all parties involved agreeing to roles as trustee and beneficiary, a constructive trust is one created solely by a judge as a distinct remedy--powerful, nuanced, and often complex and daunting. Whether you are litigating in their favor or defending in such a case, this book is an essential guide on the topic, covering crucial considerations a practitioner will need to know including strategies for handling pleadings, discovery, motion practice, and trials.
Download or read book The Discretionary Remedial Constructive Trust A Debate as Cogent as a Discussion of the Merits of English Versus American Unicorns written by Jacob Meagher and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Those who seek settled property rights in Equity will find little comfort in this paper. With legal realism in mind the author asks what are the courts of Equity doing to property when recognising an institutional constructive trust? The author concludes that there is little distinction between a remedial and an institutional constructive trust; they are the same remedial equitable mechanisms for transferring property from A to B in equity. That is, an ICT, like the RCT is are awarded/imposed/recognised by the courts based on the underlying concepts of fairness and justice (or the equitable term of art; 'unconscionability'). The ICT is seen as legitimate because it hides behind the mask of language of 'institution'. Finally if jurisdictions continue to recognise and impose the ICT, then there is no logic in rejecting the RCT as an any less legitimate tool in the Equities armory.
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 Rethinking the Constructive Trust written by Roderick Peter Thomas and published by . This book was released on 1995 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Remedial Constructive Trust written by Patricia L. Loughlan and published by . This book was released on 1984 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Principles of Equity and Trusts written by Graham Virgo and published by . This book was released on 2020-07-02 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of Equity and Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fourth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles oftrusts and their equitable remedies.Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with thesubject area, and excel in their studies.Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, The Principles of Equity and Trusts is the ideal companion to a course in trusts.Online resourcesThe textbook is accompanied by extensive online resources aimed at supporting and enhancing student's knowledge of the topics learned within the book. This includes self-test and scenario-style questions, videos from the author, web links to key cases, articles and statutory materials, andflowcharts and diagrams exploring legal concepts. There will also be updates to changes in the law that explore key developments in the subject area.
