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Vol 21 No 11 Nov/Dec 2016

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Oakley: Constructive Trusts 4th ed

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Edited by: Margaret Halliwell

ISBN13: 9780421876705
Previous Edition ISBN: 0421562102
To be Published: October 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £115.00



Now in its fourth edition, this well-respected and practical text provides the definitive guide to constructive trust law and practice. Arranged into the situations and areas in which constructive trusts can be imposed, the work deals with a topic which is becoming increasingly common.

The work analyses major decisions, applying them to the principles of the law and the practice and procedure they affect. It has been regularly judicially cited in Australian, New Zealand and English courts. Easy to use, the contents are ordered by circumstances where constructive trusts can be imposed. The chapters are broken down into parts and headed sections for ease of navigation.

New chapters have been added on Constructive Trusts and Taxation; Constructive Trusts and Limitation; and Constructive Trusts in the Conflict of Laws. All three principal chapters on the substantive law have been the subject of recent important English decisions.

  • Provides the definitive guide to constructive trust law and practice
  • Includes case-based analysis with extensive footnotes
  • Useful in commonwealth jurisdictions - regularly cited in court
  • An unrivalled and well-established text for the specialist practitioner

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Subjects:
Equity and Trusts
Contents:
Introduction.
Constructive trusts imposed as a result of fraudulent, unconscionable or inequitable conduct.
Constructive trusts imposed as a result of a breach of fiduciary duty.
Constructive trusts imposed as a result of a disposition of trust property in breach of trusts.
Secret trusts and mutual wills.
Constructive trusts imposed upon vendors who have entered into contracts of sale which are capable of being specifically enforced.
Constructive trusts imposed upon mortgages.
Constructive trusts imposed to give effect to incomplete transfers.
Constructive Trusts and Taxation.
Constructive Trusts and Limitation.
Constructive Trusts in the Conflict of Laws.