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Author : Robert Chambers
Publisher : Oxford University Press
Page : 300 pages
File Size : 42,8 Mb
Release : 1997
Category : Law
ISBN : 0198764448
Robert Chambers has written a much-needed, detailed examination of the resulting trust which will be invaluable to all barristers and academics working in the areas of equity and trusts, restitution and the law of property.
Author : C Mitchell
Publisher : Bloomsbury Publishing
Page : 685 pages
File Size : 52,6 Mb
Release : 2010-03-03
Category : Law
ISBN : 9781847317599
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.
Author : Peter Birks,Francis Rose
Publisher : Taylor & Francis
Page : 450 pages
File Size : 55,9 Mb
Release : 2020-11-25
Category : Law
ISBN : 9781000288131
The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Author : D. W. M. Waters,Mark R. Gillen,Lionel D. Smith
Publisher : Unknown
Page : 1639 pages
File Size : 54,9 Mb
Release : 2021
Category : Trusts and trustees
ISBN : 0779897277
Author : Eileen E. Gillese
Publisher : Essentials of Canadian Law
Page : 210 pages
File Size : 50,9 Mb
Release : 2014
Category : Law
ISBN : 1552213722
In recent years, trust law has continued to expand its influence at a rapid pace, particularly in the area of pension trusts, where it plays a key role in resolving conflicts over the administration, creation, termination, and revocation of pension funds. The flexible nature of trusts results in its continued development, especially in the areas of resulting and constructive trusts. This new edition offers substantially revised chapters on both types of trust, as well as many more caselaw references. Chapter 6 explores the various situations in which a resulting trust can arise, examines the important role of intention in finding a resulting trust, and analyzes recent pronouncements by the Supreme Court on the presumptions of resulting trust and advancement. Chapter 7 offers an updated discussion of the constructive trust, which courts increasingly employ as a tool for remedying unjust enrichment in cohabitation cases.
Author : Graham Virgo
Publisher : Oxford University Press
Page : 735 pages
File Size : 51,7 Mb
Release : 2018
Category : Equity
ISBN : 9780198804710
'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.
Author : Austin Wakeman Scott
Publisher : Unknown
Page : 222 pages
File Size : 45,9 Mb
Release : 1915
Category : Trusts and trustees
ISBN : MINN:31951D03285769O
Author : John Mee
Publisher : Hart Publishing
Page : 320 pages
File Size : 52,8 Mb
Release : 2021-09-09
Category : Law
ISBN : 1849465487
Interest in resulting trusts has greatly increased in recent years, spurred by academic arguments that such trusts should be seen as a response to unjust enrichment and, therefore, as capable of arising in a wider range of situations than previously understood. This book provides a comprehensive analysis of the different types of resulting trust, including the purchase money resulting trust, the resulting trust arising upon a voluntary transfer of property and the 'automatic' resulting trust. It also examines the unclear relationship between the resulting trust and two other significant types of trust: the Quistclose trust (which arises in the commercial context) and the 'common intention constructive trust' (which generally arises in the family context). As well as engaging fully with the intricacies of the modern law on resulting trusts, the book also considers the history and underlying nature of resulting trusts and, drawing on the insights that emerge, offers an answer to the argument that it is appropriate to reshape the law of resulting trusts by reference to the principles of unjust enrichment.
Author : Dennis J. Pavlich
Publisher : Unknown
Page : 554 pages
File Size : 45,5 Mb
Release : 2020
Category : Trusts and trustees
ISBN : 0433497351
Author : Michael Bryan,Vicki Vann,V. J. Vann
Publisher : Cambridge University Press
Page : 457 pages
File Size : 51,7 Mb
Release : 2012-07-17
Category : Law
ISBN : 9780521676632
The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.
Author : James Penner
Publisher : Oxford University Press, USA
Page : 558 pages
File Size : 47,9 Mb
Release : 2012-07-05
Category : Law
ISBN : 9780199639847
This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.
Author : Alastair Hudson
Publisher : Taylor & Francis
Page : 245 pages
File Size : 46,9 Mb
Release : 2008
Category : Law
ISBN : 9780415461993
'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.
Author : Ying Khai Liew
Publisher : Bloomsbury Publishing
Page : 485 pages
File Size : 46,5 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509917075
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.
Author : Judith Bray
Publisher : Routledge
Page : 213 pages
File Size : 47,8 Mb
Release : 2013-11-12
Category : Law
ISBN : 9781444169874
The Key Cases series provides a portable and effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly.
Author : James Penner
Publisher : Oxford University Press
Page : 539 pages
File Size : 43,7 Mb
Release : 2016
Category : Equity
ISBN : 9780198747598
The Law of Trusts provides a concise, yet challenging, approach to the core issues within trusts law. Combining perceptive analysis and thought-provoking commentary, James Penner skillfully engages with controversial issues, giving students an excellent grounding in what is considered to be a difficult subject.
