Constructive and Resulting Trusts

Author: Charles Mitchell
Publisher: Hart Publishing
ISBN: 9781841139272
Published In: March 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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)