Download or read book Development of the Remedial Constructive Trust written by Paul Sills and published by . This book was released on 1995 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 The Remedial Constructive Trust written by Carolyn J. Hanna and published by . This book was released on 2000 with total page 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 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 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 Remedial Constructive Trust written by Rebecca Sarris and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 The Constructive Trust written by D. W. M. Waters and published by . This book was released on 1964 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 Equity and Trusts written by Scott Atkins and published by Routledge. This book was released on 2015-12-22 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity and Trusts is an ideal choice for all undergraduate and GDL students looking for a comprehensive yet accessible textbook on this complex area of law. The author’s clear writing style, plentiful explanations and focus on modern case law demystify difficult concepts and help to bring the subject to life. Equity and Trusts is shown to be a live, growing and developing subject, with an important historical underpinning that ensures students gain a sound grasp of key material and understand both its history and current application. Clearly written and easy to use, Equity and Trusts enables students to fully engage with the topic and gain a profound understanding of this fundamental area. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL which will help students Move beyond an understanding of the law Refine and develop the key skills of problem-solving, evaluation and critical reasoning which are essential to exam success Discover sources and suggestions for taking your study further By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice and gain a unique appreciation of the contemporary context of the subject. Companion Website www.routledge.com/cw/spotlights This book is supported by a range of online resources developed to support your learning, keep you up-to-date and to help you prepare for assessments.
