Remedial Constructive Trusts.
Date Submitted: 09/10/2006 02:12:24
Category: / Literature / North American
Length: 8 pages (2237 words)
Category: / Literature / North American
Length: 8 pages (2237 words)
"There is a great fear in our law that recognising a remedial constructive trust will give rise to an indiscriminate or unjustified variation of existing property rights." Graham Moffat: Trusts Law Text and Materials (1999) Discuss.
A constructive trust is not the usual kind of trust encountered in Equity. It is a trust which is different from other trusts in that is imposed by a court of law and it cannot be created by an individual. …
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…International plc. I chose to emphasise more on the case of Polly Peck since it was the case that quashed the possibility of adoption of the remedial constructive trusts in the UK but also because it is a proof of the problems that will arise in the field of existing property rights which is the subject of the assignment. I continued by explaining the problems that would arise from the adoption of remedial constructive trusts.
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