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Rationalising Constructive Trusts

Rationalising Constructive Trusts

Rationalising Constructive Trusts

Author: Ying Khai Liew
Publisher: Hart Publishing
ISBN: 9781509935161

Published In: January 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849465960

List Price: ¥16,714.31

¥16,212.81 Save ¥501.50 (3%)

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Description
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It is trite that constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly rationalised. Unfortunately, a generally accepted justificatory framework has yet to be attained.

Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By exploring the real-world events which trigger constructive trusts, as well as analysing how constructive trusts relate to parties' rights and duties, 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 different degrees of remedial discretion in different doctrines?

From a wider perspective, it explains how the renewed understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.

Announced as Agreement-Based Constructive Trusts

1. Introduction

PART A

2. Building Blocks

3. The Structure of the Law of Constructive Trusts

PART B

4. The Doctrine in Rochefoucauld v Boustead

5. Secret Trusts

6. The Doctrine in Pallant v Morgan

7. Proprietary Estoppel

8. Specifically Enforceable Contracts of Sale and Future Property

9. The Rule in Re Rose

10. Gains Made In Breach of Fiduciary Duty

11. Remedial Constructive Trusts

PART C

12. Mutual Wills

13. The Quistclose Doctrine

14. The 'Common Intention Constructive Trusts'

15. Donatio Mortis Causa

16. Conclusion

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