Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
The rules of remedial constructive trusts show how equitable principles can create chaos for certain parties
Member rating: No Rating | Words: | Submitted: Tue Jun 20 2006
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
Equity & Trusts "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 Moffatt: Trusts Law and Materials (1999) Discuss. The topic concerning remedial constructive trusts in the UK law is complex due to the fact that remedial constructive trusts are a remedy that is still at an embryonic stage of development with varying approaches taken by actual law dicta and also by law academics. Some agree with the use of remedial constructive trusts while other disagree, proved by the title quotation. On the other side of the spectrum, there is a want and acceptance for remedial constructive trusts. The Court of Appeal has recently stated that "there is a good arguable case" 1 that circumstances may arise which the court "will be prepared to impose a constructive trust de novo as a foundation for...
Get instant access
- Instant, unlimited access to our documents in full
- Swap your work for free access, or pay £4.99
- To see the full version of this document and 147,309 others
Receive email updates for this category
- Simply tell us your email address and receive a weekly Study Help Email for FREE
- Receive 3 FREE essay views with each email
- Get all the latest essays from Coursework.Info & discussion from TheStudentRoom.co.uk
