Explaining Constructive Trusts


Explaining Constructive Trusts
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Explaining Constructive Trusts


Explaining Constructive Trusts
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Author : Gbolahan Elias
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2002

Explaining Constructive Trusts written by Gbolahan Elias and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Constructive trusts categories.


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).



Rationalising Constructive Trusts


Rationalising Constructive Trusts
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Author : Ying Khai Liew
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-21

Rationalising Constructive Trusts written by Ying Khai Liew and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-21 with Law categories.


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.



Constructive Trusts


Constructive Trusts
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Author : Malcolm Cope
language : en
Publisher: Lawbook Company
Release Date : 1992

Constructive Trusts written by Malcolm Cope and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.




Constructive Trusts


Constructive Trusts
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Author : A. J. Oakley
language : en
Publisher:
Release Date : 1997

Constructive Trusts written by A. J. Oakley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.


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.



An Introduction To The Law Of Trusts


An Introduction To The Law Of Trusts
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Author : Simon Gardner
language : en
Publisher: OUP Oxford
Release Date : 2011-05-05

An Introduction To The Law Of Trusts written by Simon Gardner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-05 with Law categories.


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.



Understanding Equity Trusts


Understanding Equity Trusts
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Author : Alastair Hudson
language : en
Publisher: Routledge
Release Date : 2016-07-28

Understanding Equity Trusts written by Alastair Hudson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.


Understanding Equity & Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. If you need help with trusts law, then this is the book for you. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes. The law of trusts is built on simple basic principles. The approach of this book is to lay foundations with an explanation of those principles before building towards the more complex issues which are the focus of examinations in this subject. The lively text includes a large number of straightforward examples to make the discussion of the general law more accessible.



Equity And The Law Of Trusts In The Republic Of Ireland


Equity And The Law Of Trusts In The Republic Of Ireland
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Author : Ronan Keane
language : en
Publisher: A&C Black
Release Date : 2011-01-01

Equity And The Law Of Trusts In The Republic Of Ireland written by Ronan Keane and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.


In the Republic of Ireland, there have been many developments in the law affecting trusts, such as the decision of the Supreme Court in Lynch v Burke on resulting trusts and in England the decision of the House of Lords in Stack v Dowden on â??common intention,â?? constructive trusts. These and similar developments are comprehensively considered and explained in this second edition. The book is fully updated to include all relevant case law and legislation.



Understanding Equity And Trusts


Understanding Equity And Trusts
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Author : Alastair Hudson
language : en
Publisher: Routledge
Release Date : 2013

Understanding Equity And Trusts written by Alastair Hudson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.


'Understanding Equity & Trusts' provides an accessible, readable and comprehensive overview of the main themes in this dynamic area of the law. It will be of interest to students struggling to cope with the increasingly complex field of trusts law, and to those revising for exams.



Unlocking Trusts


Unlocking Trusts
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Author : Mohamed Ramjohn
language : en
Publisher: Routledge
Release Date : 2013-06-03

Unlocking Trusts written by Mohamed Ramjohn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-03 with Law categories.


Equity and trusts law is a vibrant and fast-moving area of the legal system.Unlocking Trusts will ensure that you grasp the main concepts with ease providing you with an essential foundation to equity and trusts law. The book explains in detailed, yet straightforward, terms: Historical outlines of equity Constructive trusts Introduction to trusts Secret trusts and mutual wills The 'three certainties' test Private purpose trusts Constitution of an express trust Appointment, retirement and removal of trustees Exceptions to the rule that equity will not assist a volunteer Duties and powers of trustees Formalities for the creation of express trusts Variation of trusts Discretionary trusts Breach of trust. Resulting trusts This fourth edition is fully up-to-date with the latest developments in the law and now includes all significant new cases plus more detail on recent judicial developments in proprietary estoppel and the doctrine of proportionality.



The Principles Of Equity Trusts


The Principles Of Equity Trusts
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Author : Graham Virgo
language : en
Publisher: Oxford University Press
Release Date : 2018

The Principles Of Equity Trusts written by Graham Virgo and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Equity categories.


'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.