Automatic Resulting Trusts
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Author | : Robert Chambers |
Publisher | : Oxford University Press |
Total Pages | : 300 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9780198764441 |
Robert Chambers has written a much-needed, detailed examination of the resulting trust which will be invaluable to all barristers and academics working in the areas of equity and trusts, restitution and the law of property.
Author | : John Mee |
Publisher | : Hart Publishing |
Total Pages | : 320 |
Release | : 2021-09-09 |
Genre | : Law |
ISBN | : 9781849465489 |
Interest in resulting trusts has greatly increased in recent years, spurred by academic arguments that such trusts should be seen as a response to unjust enrichment and, therefore, as capable of arising in a wider range of situations than previously understood. This book provides a comprehensive analysis of the different types of resulting trust, including the purchase money resulting trust, the resulting trust arising upon a voluntary transfer of property and the 'automatic' resulting trust. It also examines the unclear relationship between the resulting trust and two other significant types of trust: the Quistclose trust (which arises in the commercial context) and the 'common intention constructive trust' (which generally arises in the family context). As well as engaging fully with the intricacies of the modern law on resulting trusts, the book also considers the history and underlying nature of resulting trusts and, drawing on the insights that emerge, offers an answer to the argument that it is appropriate to reshape the law of resulting trusts by reference to the principles of unjust enrichment.
Author | : Michael Bryan |
Publisher | : Cambridge University Press |
Total Pages | : 457 |
Release | : 2012-07-17 |
Genre | : Law |
ISBN | : 0521676630 |
The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.
Author | : Graham Virgo |
Publisher | : Oxford University Press |
Total Pages | : 735 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198804717 |
'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Author | : Charles Mitchell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 686 |
Release | : 2010-03-03 |
Genre | : Law |
ISBN | : 1847317596 |
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.
Author | : Alastair Hudson |
Publisher | : Psychology Press |
Total Pages | : 1166 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9781859419779 |
Equity and Trusts has quickly established itself as a market leader due to it clarity, insight and accessibility in what is perhaps the most complex of legal areas. Hudson's scholarly account of the subject makes this text sufficiently authoritative for trust practitioners but also provides a comprehensible introduction for a student audience. As in previous editions, the traditional doctrines are analyzsed in the context of current issues and the book's progressive approach intersperses discussion of the core ideas with clear examples. This fourth edition has been extensively rewritten and includes new chapters on: understanding the trust certainty in the creation of express trusts the rights of beneficiaries and the beneficiary principle, formalities in the creation of express trusts, constructive trusts breach of trust miscellaneous equitable remedies. Individual essays on the nature of express trusts, the law on fiduciaries, family law, human rights law and equity draw together the main principles while examining related questions of restitution and social justice. This book is essential reading for all those seeking a modern approach to this crucial area of law.
Author | : Graham Moffat |
Publisher | : Cambridge University Press |
Total Pages | : 1110 |
Release | : 2005-09-29 |
Genre | : Law |
ISBN | : 9781139445283 |
With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
Author | : Andrew Iwobi |
Publisher | : Cavendish Publishing |
Total Pages | : 209 |
Release | : 2001 |
Genre | : Trust and trustees |
ISBN | : 1843141248 |
This book is part of the Cavendish Essential series. The books in the series are designed to provide useful revision aids for the hard-pressed student. They are not,of course, intended to be substitutes for more detailed treatises. Other textbooks in the Cavendish portfolio must supply these gaps.The Cavendish Essential Series is now in its third edition and is a well established favourite among students. The team of authors bring a wealth of lecturing and examining experience to the task in hand.
Author | : Sarah Worthington |
Publisher | : Oxford University Press |
Total Pages | : 328 |
Release | : 1996 |
Genre | : Business & Economics |
ISBN | : 9780198262756 |
Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.
Author | : Peter Birks |
Publisher | : |
Total Pages | : 313 |
Release | : 2000 |
Genre | : Resulting trusts |
ISBN | : |