Constructive and Resulting Trusts

Constructive and Resulting Trusts

by Charles Mitchell

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Overview

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.

Product Details

ISBN-13: 9781847317599
Publisher: Bloomsbury Publishing
Publication date: 03/03/2010
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 383
File size: 708 KB

About the Author

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

Table of Contents

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

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