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Vol 21 No 11 Nov/Dec 2016

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Constructive and Resulting Trusts

Edited by: Charles Mitchell

ISBN13: 9781841139272
Published: March 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud.

However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.

Subjects:
Equity and Trusts
Contents:
PART I: CONSTRUCTIVE TRUSTS
1. The Words Which Are Not There: A Partial History of the Constructive Trust PAUL MATTHEWS
2. Reliance-Based Constructive Trusts SIMON GARDNER
3. The Nature of the Trust in Rochefoucauld v Boustead WILLIAM SWADLING
4. Remedies for Knowing Receipt CHARLES MITCHELL AND STEPHEN WATTERSON
5. Knowing Receipt and Registered Land MATTHEW CONAGLEN AND AMY GOYMOUR
6. The Centrality of Constructive and Resulting Trusts BEN McFARLANE

PART II: RESULTING TRUSTS
7. 'Automatic' Resulting Trusts: Retention, Restitution, or Reposing Trust? JOHN MEE
8. Resulting Trusts and Unjust Enrichment: Three Controversies JAMES PENNER
9. Is There a Presumption of Resulting Trust? ROBERT CHAMBERS
10. The Presumption of Advancement JAMIE GLISTER
11. Intention, Mistakes and Resulting Trusts CHARLIE WEBB
12. Locus Poenitentiae: Repentance, Withdrawal and Luck IRIT SAMET