Explaining Constructive Trusts
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| Author | : Gbolahan Elias |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 204 |
| Release | : 2002 |
| Genre | : Constructive trusts |
| ISBN | : 1584772085 |
Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v).
| Author | : Ying Khai Liew |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 511 |
| Release | : 2017-09-21 |
| Genre | : Law |
| ISBN | : 1509917071 |
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.
| Author | : James Penner |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 558 |
| Release | : 2012-07-05 |
| Genre | : Law |
| ISBN | : 0199639841 |
This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.
| 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 | : 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 | : 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 | : 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 | : Richard Clements |
| Publisher | : Oxford University Press |
| Total Pages | : 591 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198787545 |
Complete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law
| Author | : Lionel D. Smith |
| Publisher | : Clarendon Press |
| Total Pages | : 453 |
| Release | : 1997-07-24 |
| Genre | : Law |
| ISBN | : 0191587036 |
The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
| Author | : Simon Gardner |
| Publisher | : OUP Oxford |
| Total Pages | : 400 |
| Release | : 2011-05-05 |
| Genre | : Law |
| ISBN | : 0191620890 |
A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.
