Constructive and Resulting Trusts

Inbunden, Engelska, 2010

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Beskrivning

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.

Produktinformation

Utgivningsdatum:2010-03-03
Mått:156 x 234 x 30 mm
Vikt:754 g
Format:Inbunden
Språk:Engelska
Antal sidor:383
Förlag:Bloomsbury Publishing PLC
ISBN:9781841139272

Utforska kategorier

Stiftelser inom Juridik

Mer om författaren

Charles Mitchell is a Fellow and Tutor in Law at Jesus College, Oxford, and a Professor of Law at the University of Oxford.

Recensioner i media

The collection of essays is a significant and important contribution in this area. John Tarrant The Journal of Business Law Issue 8, 2010 This collection of essays from an impressive range of experts is an important recent contribution to the debate. Many of the chapters in this volume will incite further debate, and none of them can be accused on simply rehearsing old arguments. The book is an invaluable resource for scholars, graduate students and able undergraduates. Brian Sloan The Cambridge Law Journal Volume 69, Part 3, November 2010 The contribution this book makes to the law concerning constructive and resulting trusts is immense. The twelve essays challenge our preconceived ideas of these trusts by suggesting - often radically - new perspectives on how we should analyse the law...this book will prove to be a most rewarding read for those to whom the controversies of the law of trusts is appealing. Ting Khai Liew Trust Law International 24(3), 2010

Innehållsförteckning

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