| Description |
1 online resource. |
|
text file |
| Series |
Hart studies in private law ; volume 25
|
|
Hart studies in private law ; volume 25.
|
| Bibliography |
Includes bibliographical references and index. |
| Contents |
Introduction -- Building blocks -- The structure of the law of constructive trusts -- The doctrine in Rochefoucauld v Boustead -- Secret trusts -- The doctrine in Pallant v Morgan -- Proprietary estoppel -- Spcifically enforceabel contracts of sale and future property -- The rule in Re Rose -- Gains made in breach of fiduciary duty -- Remedial constructive trusts -- Mutual wills -- The Quistclose doctrine -- The 'Common intention constructive trusts' -- Donatio Moris Causa -- Conclusion. |
| Summary |
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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Constructive trusts -- Great Britain.
|
|
Constructive trusts. |
|
Great Britain. |
|
Constructive trusts.
|
| Genre/Form |
Electronic books.
|
| Other Form: |
Print version: Liew, Ying Khai. Rationalising constructive trusts. Portland, Oregon : Hart Publishing, 2017 9781849465960 (DLC) 2017018593 |
| ISBN |
9781509917075 (electronic book) |
|
1509917071 (electronic book) |
|
9781474203364 |
|
1474203361 |
|
1849465967 |
|
9781849465960 |
|
9781849465960 (hardback ; alkaline paper) |
|
9781509917082 (ePDF) |
|
