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Rationalising constructive trusts / Dr. Ying Khai Liew.

By: Material type: TextLanguage: English Series: Hart studies in private law ; v. 25Publisher: Portland, Oregon : Hart Publishing, 2017Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781474203364
Subject(s): Additional physical formats: Original; Print version:: Rationalising constructive trustsDDC classification:
  • 346.4105/9 23
LOC classification:
  • KD1925
Online resources: Available additional physical forms:
  • Also issued in print.
Contents:
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
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
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Includes bibliographical references and index.

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

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

Also issued in print.

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Electronic reproduction. London : Bloomsbury Publishing, 2017 Available via World Wide Web. Access limited by licensing agreement.

Description based on print version record and CIP data provided by publisher; resource not viewed.

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