Constructive Trust in UK Law
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The creation of express, resulting and constructive trust in banking transactions
Purpose: This paper aims to analyse the circumstances where an express, resulting or constructive trust may arise in banking transactions, taking in consideration relevant case law. Bankers in cert...
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Marr v Collie: The Ballooning of the Common Intention Constructive Trust
The decision in Marr v Collie represents a significant expansion of the common intention constructive trust doctrine. Unsupported by authority, it relaxes the requirement that the property be acqui...
- Jointly Owned Assets and Assets Held on Constructive Trust
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Buckland v Bournemouth University Higher Education Corp: Statutory Constructive Dismissal and the Implied Term of Mutual Trust and Confidence
The decision of the Court of Appeal in Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121; [2010] ICR 908; [2010] IRLR 445 is one which has ramifications for the common law...
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Recovery from the Corrupt
A further illustration of the increasing grip of the law of equity in enabling monies that are part of a fraud to be recovered by the victim is provided by the Privy Council decision in Attorney‐Ge...... ... on the old established principles of equity have employed a constructive trust to recover monies that are the proceeds of fraud or are part of a ... ...
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Constructive Trusts and Tracing
Does the mere mention of a trust conjure up images of equity‐speak in favour of Great Aunt Maud? Does a constructive trust give you sick building syndrome? Does tracing send you back to the drawing...... ... He has returned to the UK to resume his legal career. ABSTRACT Does the mere mention of a trust conjure up images of equity-speak in favour of Great Aunt Maud? Does a constructive trust give you sick building syndrome? Does tracing send you back ... ...
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The Problem with Intention: Is the Resulting Trust Approaching Extinction?
Although the resulting trust is widely used in a large array of distinct situations; the theoretical basis of the doctrine is often overlooked. This study will evaluate the two prevailing views upo...... ... For instance, in the realm of cohabitation where the common intention constructive trust is now preferred, as a more malleable doctrine, to the new challenges of the law ... The current theoretical understanding of the Resulting ... ...
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On the Relations between Agent and Principal: Angove's Pty Ltd v Bailey
In Angove's Pty Ltd v Bailey the Supreme Court faced ‘two important and controversial questions of commercial law’: whether an agent's authority could ever be ‘irrevocable’, and whether the receipt...... ... the court’s pr overbial hands w ould be tied if another hospital trust or medical facility was unwilling to co-operate or surviving relatives ... of money by an imminent insolvent could ev er give rise to a constructive trust of that sum. It answeredboth in the affir mative,albeit subject to ... ...
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Reviews
The Morality of Law. By Lon L. Fuller. The Future of the Law. By D. C. M. Yardley. A History of English Law. Vol. XIV. By Sir William Holdsworth. A Source Book of Family Law. By P. R. H. Webb and H...... ... 378 THE MODERN LAW REVIEW VOL. 28 THE CONSTRUCTIVE TRUST. By D. W. M. WATERS. [London: The Athlone Press. 1964 ... ...
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A Normative Approach to the Quistclose Trust
This is the first article to undertake a sustained analysis of normative justifications for the Quistclose trust. Whilst much of the existing writing on this topic has focused on the better classif...... ... writing on this topic has focused on the better classification of such trusts – for instance, whether they are express, resulting, constructive or sui generis – this article asks why the law should recognise a trust in addition to any underlying legal relationship. Four ke y ... ...
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