You have no items in your shopping cart.

Constructive and Resulting Trusts

Constructive and Resulting Trusts

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781841139272
  • Published In: March 2010
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
Out of stock
OR
  • Description 
  • Contents 
  • Reviews
  • Details

    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.

  • PART I: CONSTRUCTIVE TRUSTS
    1 The Words Which Are Not There: A Partial History of the
    Constructive Trust
    PAUL MATTHEWS
    2 Reliance-Based Constructive Trusts
    SIMON GARDNER
    3 The Nature of the Trust in Rochefoucauld v Boustead
    WILLIAM SWADLING
    4 Remedies for Knowing Receipt
    CHARLES MITCHELL AND STEPHEN WATTERSON
    5 Knowing Receipt and Registered Land
    MATTHEW CONAGLEN AND AMY GOYMOUR
    6 The Centrality of Constructive and Resulting Trusts
    BEN McFARLANE
    PART II: RESULTING TRUSTS
    7 'Automatic' Resulting Trusts: Retention, Restitution,
    or Reposing Trust?
    JOHN MEE
    8 Resulting Trusts and Unjust Enrichment: Three Controversies
    JAMES PENNER
    9 Is There a Presumption of Resulting Trust?
    ROBERT CHAMBERS
    10 The Presumption of Advancement
    JAMIE GLISTER
    11 Intention, Mistakes and Resulting Trusts
    CHARLIE WEBB
    12 Locus Poenitentiae: Repentance, Withdrawal and Luck
    IRIT SAMET

     
     
  • “The collection of essays is a significant and important contribution in this area.” –  John Tarrant, The Journal of Business Law, Issue 8

    “This collection of essays from an impressive range of experts is an important recent contribution to the debate.

    Many of the chapters in this volume will incite further debate, and none of them can be accused on simply rehearsing old arguments. The book is an invaluable resource for scholars, graduate students and able undergraduates.

    ” –  Brian Sloan, The Cambridge Law Journal, Volume 69, Part 3

    “The contribution this book makes to the law concerning constructive and resulting trusts is immense. The twelve essays challenge our preconceived ideas of these trusts by suggesting – often radically – new perspectives on how we should analyse the law...this book will prove to be a most rewarding read for those to whom the controversies of the law of trusts is appealing.” –  Ting Khai Liew, Trust Law International, 24(3)

You may also be interested in these books: