Rationalising Constructive Trusts Contributor(s): Liew, Ying Khai (Author) |
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ISBN: 1849465967 ISBN-13: 9781849465960 Publisher: Hart Publishing OUR PRICE: $173.25 Product Type: Hardcover - Other Formats Published: September 2017 |
Additional Information |
BISAC Categories: - Law | Contracts - Law | Estates & Trusts - Law | Administrative Law & Regulatory Practice |
Dewey: 346.410 |
LCCN: 2017018593 |
Series: Hart Studies in Private Law |
Physical Information: 1.4" H x 6.7" W x 9.7" (1.95 lbs) 416 pages |
Descriptions, Reviews, Etc. |
Publisher Description: 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. |