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 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 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 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 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 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 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 Taking the High Court Seriously written by David M. Wright and published by . This book was released on 2011 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 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 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 Waters Law of Trusts in Canada written by D. W. M. Waters and published by . This book was released on 2021 with total page 1639 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proprietary Remedies in Context written by Craig Rotherham and published by Bloomsbury Publishing. This book was released on 2002-04-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights.
