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 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 Conflict of Laws as to Resulting and Constructive Trusts written by Louise Julia McGovern and published by . This book was released on 1927 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restitution and Equity Volume 1 Resulting Trusts and Equitable Compensation written by Peter Birks and published by Taylor & Francis. This book was released on 2020-11-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Download or read book A Selection of Cases on Resulting and Constructive Trusts written by Austin Wakeman Scott and published by . This book was released on 1915 with total page 222 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 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 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 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 Rationalising Constructive Trusts written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 485 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 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 A Treatise on the Law of Trusts and Trustees written by Jairus Ware Perry and published by . This book was released on 1910 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 The Law of Trusts written by James E. Penner and published by Oxford University Press. This book was released on 2016 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Trusts provides a concise, yet challenging, approach to the core issues within trusts law. Combining perceptive analysis and thought-provoking commentary, James Penner skilfully engages with controversial issues, giving students an excellent grounding in what is considered to be a difficult subject.
Download or read book Texas Trust Law written by Gerry W. Beyer and published by AuthorHouse. This book was released on 2009 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed for law school courses covering trusts. The cases, problems, and questions are drawn extensively from Texas materials and attempt to provide the student with a comprehensive understanding of how trust creation, administration, and enforcement are handled in Texas. Resulting trusts, constructive trusts, and trust accounts are also discussed.
