Rationalising Constructive Trusts

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Rationalising Constructive Trusts

Law: equity and trusts, foundations

Author: Ying Khai Liew

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Collection: Hart Studies in Private Law

Language: English

Published by: Hart Publishing

Published on: 21st September 2017

Format: LCP-protected ePub

Size: 408 pages

ISBN: 9781509917075


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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