Constructive and Resulting Trusts

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317596
Total Pages : 685 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Constructive and Resulting Trusts by : C Mitchell

Download or read book Constructive and Resulting Trusts written by C Mitchell and published by Bloomsbury Publishing. This book was released on 2010-03-03 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Rationalising Constructive Trusts

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 150991708X
Total Pages : 405 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rationalising Constructive Trusts by : Ying Khai Liew

Download or read book Rationalising Constructive Trusts written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Explaining Constructive Trusts

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Author :
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584772085
Total Pages : 204 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Explaining Constructive Trusts by : Gbolahan Elias

Download or read book Explaining Constructive Trusts written by Gbolahan Elias and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

The Conflict of Laws as to Resulting and Constructive Trusts

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Author :
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.:/5 (38 download)

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Book Synopsis The Conflict of Laws as to Resulting and Constructive Trusts by : Louise Julia McGovern

Download or read book The Conflict of Laws as to Resulting and Constructive Trusts written by Louise Julia McGovern and published by . This book was released on 1927 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Resulting Trusts

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Author :
Publisher : Oxford University Press
ISBN 13 : 9780198764441
Total Pages : 300 pages
Book Rating : 4.7/5 (644 download)

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Book Synopsis Resulting Trusts by : Robert Chambers

Download or read book Resulting Trusts written by Robert Chambers and published by Oxford University Press. This book was released on 1997 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constructive Trusts

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Author :
Publisher : Lawbook Company
ISBN 13 :
Total Pages : 1062 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constructive Trusts by : Malcolm Cope

Download or read book Constructive Trusts written by Malcolm Cope and published by Lawbook Company. This book was released on 1992 with total page 1062 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Selection of Cases on Resulting and Constructive Trusts

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Author :
Publisher :
ISBN 13 :
Total Pages : 222 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis A Selection of Cases on Resulting and Constructive Trusts by : Austin Wakeman Scott

Download or read book A Selection of Cases on Resulting and Constructive Trusts written by Austin Wakeman Scott and published by . This book was released on 1915 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constructive Trusts and Unjust Enrichment

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Author :
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constructive Trusts and Unjust Enrichment by : Sir Nicolas Browne-Wilkinson

Download or read book Constructive Trusts and Unjust Enrichment written by Sir Nicolas Browne-Wilkinson and published by . This book was released on 1991 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constructive Trusts

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Author :
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constructive Trusts by : A. J. Oakley

Download or read book Constructive Trusts written by A. J. Oakley and published by . This book was released on 1997 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of a book previously in the Modern Legal Studies series, has been greatly expanded for use by practitioners dealing with cases involving constructive trusts. Case law since the last edition has made the subject an important one. The first practitioner text on this fast developing aspect of trusts law. Previous edition regularly judicially cited in Australia and New Zealand, and recently in England. Includes a discussion of Commonwealth authorities.

Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000288137
Total Pages : 450 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation by : Peter Birks

Download or read book Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation written by Peter Birks and published by Taylor & Francis. This book was released on 2020-11-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.

Texas Trust Law

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Author :
Publisher : AuthorHouse
ISBN 13 : 1438916809
Total Pages : 290 pages
Book Rating : 4.4/5 (389 download)

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Book Synopsis Texas Trust Law by : Gerry W. Beyer

Download or read book Texas Trust Law written by Gerry W. Beyer and published by AuthorHouse. This book was released on 2009 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed for law school courses covering trusts. The cases, problems, and questions are drawn extensively from Texas materials and attempt to provide the student with a comprehensive understanding of how trust creation, administration, and enforcement are handled in Texas. Resulting trusts, constructive trusts, and trust accounts are also discussed.

The Law of Trusts

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198747594
Total Pages : 539 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Law of Trusts by : James E. Penner

Download or read book The Law of Trusts written by James E. Penner and published by Oxford University Press. This book was released on 2016 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Trusts provides a concise, yet challenging, approach to the core issues within trusts law. Combining perceptive analysis and thought-provoking commentary, James Penner skilfully engages with controversial issues, giving students an excellent grounding in what is considered to be a difficult subject.

Unjust Enrichment as the Basis of Constructive Trusts ...

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Author :
Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.:/5 (53 download)

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Book Synopsis Unjust Enrichment as the Basis of Constructive Trusts ... by : Edward Albert Williams

Download or read book Unjust Enrichment as the Basis of Constructive Trusts ... written by Edward Albert Williams and published by . This book was released on 1922 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Trusts

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199639841
Total Pages : 558 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Law of Trusts by : James Penner

Download or read book The Law of Trusts written by James Penner and published by Oxford University Press, USA. This book was released on 2012-07-05 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Resulting Trusts

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Author :
Publisher : Hart Publishing
ISBN 13 : 9781849465489
Total Pages : 320 pages
Book Rating : 4.4/5 (654 download)

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Book Synopsis Resulting Trusts by : John Mee

Download or read book Resulting Trusts written by John Mee and published by Hart Publishing. This book was released on 2021-09-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Treatise on the Law of Trusts and Trustees

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Author :
Publisher :
ISBN 13 :
Total Pages : 960 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Treatise on the Law of Trusts and Trustees by : Jairus Ware Perry

Download or read book A Treatise on the Law of Trusts and Trustees written by Jairus Ware Perry and published by . This book was released on 1910 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Introduction to the Law of Trusts

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191620890
Total Pages : 400 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis An Introduction to the Law of Trusts by : Simon Gardner

Download or read book An Introduction to the Law of Trusts written by Simon Gardner and published by OUP Oxford. This book was released on 2011-05-05 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.