Last edited by Yozshutaur
Monday, May 18, 2020 | History

5 edition of Explaining constructive trusts found in the catalog.

Explaining constructive trusts

by Gbolahan Elias

  • 245 Want to read
  • 3 Currently reading

Published by Lawbook Exchange in Union, N.J .
Written in English

    Places:
  • Great Britain.
    • Subjects:
    • Constructive trusts -- Great Britain.

    • Edition Notes

      Statementby Gbolahan Elias.
      Classifications
      LC ClassificationsKD1925 .E44 2002
      The Physical Object
      Paginationxxii, 177 p. ;
      Number of Pages177
      ID Numbers
      Open LibraryOL3951543M
      ISBN 101584772085
      LC Control Number2001045968

      A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust, i.e., it is .   Most simply explained, a constructive trust is an equitable remedy imposed to prevent unjust enrichment (see Simonds v Simonds, 45 NY2d , []; Sharp v Kosmalski, 40 NY2d []).According to the Court of Appeals, the constructive trust is “the formula through which the conscience of equity finds expression.

        Equity and Trusts has quickly established itself as a market leader due to it clarity, insight and accessibility in what is perhaps the most complex of legal areas. Hudson's scholarly account of the subject makes this text sufficiently authoritative for trust practitioners but also provides a comprehensible introduction for a student audience.5/5(3). Constructive Trust vs. Resulting Trust A resulting trust differs from a constructive trust because it is a trust that is set up based on a person's intentions. For example, if Maria gives Tom $1, and asks him to buy her a painting at an auction he is going to, but Tom buys the painting in his own name, a resulting trust occurs where Tom is.

      CONSTRUCTIVE TRUSTS: A NEW MODEL FOR EQUITY AND UNJUST ENRICHMENT Sir Terence Etherton* Introduction A comprehensive review, or what has been variously described as the classification or mapping or taxonomy, of constructive trusts would require analysis of areas of law as diverse as vendor and purchaser. ‘A resulting, implied or constructive trust – and it is unnecessary for present purposes to distinguish between these three classes of trust – is created by a transaction between the trustee and the cestui que trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself.


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Explaining constructive trusts by Gbolahan Elias Download PDF EPUB FB2

Elias' book Explaining Constructive Trusts, marks an important landmark in the development of this legal institution. Elias explained and ultimately rejected two extreme ways of understanding the constructive trust. On the one hand is the thesis, still widely accepted in North America, that all constructive trusts arise to prevent unjust by: Lionel Smith, a distinguished international expert in the law of trusts, applauds this work: "Elias' book Explaining Constructive Trusts, marks an important landmark in the development of this.

Lionel Smith, a distinguished international expert in the law of trusts, applauds this work: "Elias' book Explaining Constructive Trusts, marks an important landmark in the development of this legal institution.

Elias explained and ultimately rejected two extreme ways of understanding the constructive : Gbolahan Elias. Rationalising Constructive Trusts Book Summary: 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, Explaining constructive trusts book to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects Explaining constructive trusts book constructive trusts-have been few.

Summary: The rules of constructive trusts form a controversial area of the modern English law of trusts. This reappraisal of this area of the law covers topical theses about them, and points to significant reforms which could be implemented. The author rejects the view advanced by Waters in The Constructive Trust () that the constructive trust should be recognized as a remedy for unjust enrichment.

Instead he claims that the law in this area is motivated by the desire to further three aims: (1) perfection of promises, (2) restitution and (3) reparation of loss (p. Buy Explaining Constructive Trusts by Gbolahan O.A.

Elias (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible orders. Topic 8. Constructive trusts (i): secret profits and bribes Topic 9. Constructive trusts (ii): fraud, contractand confidentiality Topic Breach of trust (i): dishonest assistance and knowing receipt Topic Breach of trust (ii): tracing Topic Trusts of homes (i): English trusts law approaches Topic File Size: KB.

Constructive trusts. Constructive trusts are trusts that may be implied in the absence of a declaration of trust, where the trustee has induced another to act to their detriment in the belief that if they do so act to their detriment they would acquire a beneficial interest in the land.

The best way to explain a constructive trust is to give examples. Just like most legal situations, constructive trusts depend on a variety of circumstances, and each case is different. If you think you may need to settle a constructive trust, speak to Rose Lawyers on 03 “Extending the constructive trust to cover bribes and secret commissions, which are obtained by a fiduciary, is an example of the courts fulfilling their role in Equity.” Critically discuss.

“There is no truly satisfactory explanation of the resulting trust in the law of England and Wales. The Principles of Equity & Trusts offers a refreshing, student-focused approach to a dynamic area of law. The Principles of Equity & Trusts - Graham Virgo - Oxford University Press We use cookies to enhance your experience on our website.

University of Southampton Law School EQUITY & TRUSTS LAW Syllabus The nature of equity and the trust p.8 Express trusts o Certainty of intention and subject matter p o Certainty of objects p o The beneficiary principle p o The constitution of trusts p o The duties of trustees and breach of trust File Size: KB.

In its exploration of the underlying principles of constructive and resulting trusts, this essay proposes to closely examine several cases which have helped shape, define, and in some cases actually create what we now know as the resulting and constructive trust respectively/5.

argued by some that a constructive trust is not really a trust at all. See D.B. Dobbs, Law of Remedies, 2nd ed. (St. Paul ), at p. “The constructive trust is not in fact a trust, but a remedy which is explained by analogy to trusts.” Cf. American Law Institute, Restatement of the and –.:Cited by: Only once the fictitious nature of the ‘trust’ is realized can any coherent analysis of the incidence of such orders be made.

€ William Swadling, The Fiction of the Constructive Trust. Current Legal Problems () doi: /clp/cur First published online: September 2, A constructive trust is a trust the courts impose whenever the defendant knows that he has dealt with property in an "unconscionable manner", such as stealing it, possessing it via fraud, and accepting a bribe while in occupation of a fiduciary office.

W J Swadling, 'Constructive Trusts and Breach of Fiduciary Duty' () 18 OUP/Trusts and Trustees read more DOI: /tandt/tts It is a contentious question whether a profit made by a fiduciary in breach of duty is held by him on trust for his principal from the moment of its receipt, or whether the false fiduciary is only liable to.

Creating Constructive Cultures: Leading People and Organizations to Effectively Solve Problems and Achieve Goals - Kindle edition by Szumal PhD, Janet L., Cooke PhD, Robert A. Download it once and read it on your Kindle device, PC, phones or tablets.

Use features like bookmarks, note taking and highlighting while reading Creating Constructive Cultures: Leading People and Organizations to /5(31).

An introduction to the law of equity including the historical background as well as the principles of equity. Equity is at its heart about fairness and making sure that the law is not applied too. The Law In Relation To Constructive Trusts Law Equity Essay. Introduction "English law provides no clear and all embracing definition of a constructive trust.

Its boundaries have been left deliberately vague, so as not to restrict the courts by technicalities in deciding what the justice of a particular case may demand".

However, a.The terminology comes from Gbolahan Elias, Explaining Constructive Trusts (Oxford: Clarendon Press, ). (), 55 UNIVERSI7IY OF TORONTO LAWJOURNAL. UNIVERSITY OF TORONTO LAWJOURNAL constructive trusts are commonly imposed to perfect an agreement for.A Living Trust Explained By Brette Sember, J.D.

A living trust, sometimes called an inter vivos trust, is a legal document that changes ownership of your property during your lifetime. The trust is created as part of the estate-planning process, in which you, the grantor, transfer ownership of property into the trust during your lifetime.

The Author: Brette Sember.