Last edited by Kazrara
Friday, May 8, 2020 | History

3 edition of Constructive trusts found in the catalog.

Constructive trusts

A. J. Oakley

Constructive trusts

by A. J. Oakley

  • 4 Want to read
  • 20 Currently reading

Published by Sweet & Maxwell in London .
Written in English

    Places:
  • Great Britain.
    • Subjects:
    • Constructive trusts -- Great Britain.

    • Edition Notes

      Includes bibliographical references and index.

      Statementby A. J. Oakley.
      SeriesModern legal studies
      Classifications
      LC ClassificationsKD1925 .O17
      The Physical Object
      Paginationxiii, 142 p. ;
      Number of Pages142
      ID Numbers
      Open LibraryOL4478990M
      ISBN 10042123900X, 0421239107
      LC Control Number79307007

        The book law of trusts on Canada states that “a constructive trust comes into existence, regardless of any party’s intent, when the law imposes upon a party an obligation to holds specific property for another. The person obligated becomes by force of law a constructive trustee towards the person to whom he owes performance of the. Buy Constructive Trusts 3rd Revised edition by Oakley, A. J. (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible orders.4/5(1).

        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? This book examines the ethical dilemmas and arguments about Pages: Define constructive trust. constructive trust synonyms, constructive trust pronunciation, constructive trust translation, English dictionary definition of constructive trust. In June , he used to book a hotel room. Always read the fine print. constructive trust; Constructive trusts; Constructive trusts; constructive.

        Principles of Equity and Trusts is a concise new textbook from Alastair Hudson - the author of the definitive classic, Equity and Trusts. Through clear and careful analysis, the author explains what the law is, its foundational principles, and its social and economic by: 5. This book is about Equity and Trusts, its history, development and current state. The book is designed to complement the Wikiversity course of the same name, but can be read on its chapter begins with an outline of the topic because an understanding of the principles of contract law is necessary to place the topic in context.


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Constructive trusts by A. J. Oakley Download PDF EPUB FB2

Constructive and Resulting Trusts Book Summary: 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.

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 Author: Ying Khai Liew. Constructive trusts. Malcolm Cope. Law Book Co. Ltd., Aug 1, - Law - pages. 0 Reviews. Statement and analysis of the principles and remedies of equity which have been formulated and developed for the purpose of procuring an account of property.

Concentrates on the developments in England and Australia but comparisons are made with. Constructive Trusts Imposed upon Mortgages. The Exercise by a Mortgagee of his Power of Sale.

The Exercise by a Mortgage of his Right to Enter into Possession Constructive Trusts Imposed to give Effect to Incomplete Transfers. The Rule in Re Rose. The Nature of the Trust which arises under the Rule in Re Rose. Series Title. Elias' book Explaining Constructive Trusts, marks an important landmark in the development of this legal institution.

Elias explained and ultimately rejected two extreme ways of understanding the constructive trust. On the one hand is the thesis, still widely accepted in North America, that all constructive trusts arise to prevent unjust Cited by: Elias, Gbolahan.

Explaining Constructive Trusts. Oxford: Clarendon Press; Oxford University Press, xxii, pp. Reprinted by The Lawbook Exchange, Ltd. ISBN Cloth. $ * 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. Additional Physical Format: Online version: Cope, M.

(Malcolm). Constructive trusts. Sydney: Law Book Co. Ltd., (OCoLC) Document Type. A constructive trust is ordered in cases where one party has been taken advantage of, abused or abandoned financially. According to the book Law of Trusts on Canada, “a constructive trust comes into existence, regardless of any party’s intent, when the law imposes upon a party an obligation to holds specific property for another.

Elias, Gbolahan. Explaining Constructive Trusts. Originally published: Oxford: Clarendon Press; Oxford University Press, xxii, pp. Reprinted by The Lawbook Exchange, Ltd. ISBN ; ISBN Hardcover. New. * Concerned with rationalizing the rules Preface p.

v of constructive trusts, this reappraisal of the English law of trusts discounts two major Author: Gbolahan Elias. The counter-argument could be that section 88 does not provide for constructive trusts and only speaks of obligations in the nature of a trust.

This is something I wish to address in another post. If declaration of a constructive trust is left to the judiciary and an institutional model is followed, the court would merely be tasked with. Constructive Trusts – a Jurisprudential Reminder. As a creature of equity, a constructive trust is, principally, remedial.

Trusts, generally, involve the holding of property for another such as the trustee has liabilities to account in the event of a breach of trust and in the discharge of the trustees duties.

Property is the core of the trust. The question. Is a constructive trust, particularly a remedial constructive trust, really a trust. In a trust conference I asked Heydon J whether his chapter on constructive trusts should be put in Meagher, Gummow and Lehane’s Equity: Doctrines and Remedies or Jacobs’ Law of Trusts in Australia?.

Words matter in : David Wright. BOOK REVIEW - EXPLAINING CONSTRUCTIVE TRUSTS EXPLAINING CONSTRUCTIVE TRUSTS by Gbolahan Elias, M.A., Clarendon Press, Oxford (, xxv and pp., plus 5 pp. Appendix and 3 pp. Index). Hardback £ The law of constructive trusts has never been straightforward. This chapter examines the nature of the constructive trust.

It explains that a trust is considered constructive when it arises by operation of law, typically as a result of the defendant’s unconscionable conduct.

The chapter discusses the theoretical foundations of constructive trusts and describes different interpretations of the constructive trust, which include institutional and remedial Author: Graham Virgo.

Introduction. is a constructive trust. It is a means developed by courts of equity to make persons accountable in circumstances consistent with principle; Dal Pont Equity and the Law of Trusts, 6th Edition,The Law Book Company, at A constructive trust is described as trust which arises by operation of law as opposed to the intention of the parties whether those purposes are Author: David K L Raphael.

Constructive trusts lack the legal framework common to most other types of trusts, made most readily apparent by the lack of a trustee. In a typical trust, such as a revocable trust or a charitable trust, the trust is created when the trustor -- the person creating the trust -- transfers ownership of property to a trustee to manage the property.

24 L Smith, “Constructive Trusts and the No-profit Rule” () 72 CLJ 25 Further valuable contributions to the debate include G Virgo, “Profits Obtained in Breach of Fiduciary Duty: Personal or Proprietary Claim?” () 70 CLJ and D Hayton, “Proprietary Liability for Secret Profits” () LQR Author: Lord Hodge.

Constructive Trusts A final form of trust worth mentioning is the constructive trust, or “implied trust.” Constructive trusts are never formally created but, instead, are declared by a court based upon a fact-pattern suggesting that the property within the constructive trust should be used for the benefit of a person other than the person.

Hart Publishing have published a new book which touches on our area. Whilst not strictly insolvency related t he new text, which is entitled: "Constructive and Resulting Trusts." (edited by Professor Charles Mitchell), is particularly important as it highlights an area which constitutes what Professor Finch (see: Finch, V.

Is Pari Passu Passe [] Insolvency Lawyer, 5(Oct), ) has. “Constructive” allows us to multiply operative, triggering concepts, even while we pretend that we are only subdividing them.

“Constructive Trust” There is one place where this view of “constructive” appears not to Wt, and that is constructive trusts. The reason is that a constructive 14 Reeves by:.

The following chapters deal with charitable trusts, resulting trusts and constructive trusts. The book closes with chapters on tracing, life tenancies and the rule against the perpetuities.

The book is written in a clear, readable style balancing the need to state the law clearly with the task of. The book is an invaluable resource for scholars, graduate students and able undergraduates. Brian Sloan The Cambridge Law Journal Vol Part 3, November The contribution this book makes to the law concerning constructive and resulting trusts is immense.4/5(1).

The court held that it would be unjust and unreasonable to disturb the status quo more than 17 years after Mildred wrote the letter, and as a result, a constructive trust was imposed so that Mildred held the shares for the benefit of John.

Take home point on constructive trusts in BC estate law.