Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with constructive trusts. Constructive trusts are generated by considerations other than a project of effectuating settlors' wishes. Constructive trusts that arise from the explicit exercise of judicial discretion are known as ‘remedial constructive trusts’. The chapter considers the different meanings of remedial constructive trusts; the law's treatment of these types of trust; and the desirability of remedial constructive trusts.
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This chapter examines the nature of the constructive trust. It explains that a trust is considered constructive when it arises by operation of law, typically as a result of the defendant’s unconscionable conduct. The chapter discusses the theoretical foundations of constructive trusts and describes different interpretations of the constructive trust, which include institutional and remedial constructive trusts. This chapter also considers the conditions under which institutional constructive trusts will be recognized and explains that, though a constructive trust is a real trust, it does not follow that a constructive trustee is under the same obligations as any other type of trustee. The chapter also examines whether the remedial constructive trust should be recognized in English law or whether a different interpretation of the trust should be recognized involving a modified institutional constructive trust.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the contract for the sale of an estate or an interest in land. It discusses the rules for contracts made on or after September 1989; contracts made before 27 September 1989; and the use of estoppel and constructive trusts to replace part performance after the Law of Property (Miscellaneous Provisions) Act 1989. It also covers the effects of a valid contract to sell land and applies the law to the sale of the freehold property, 2 Trant Way.
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Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers situations in which a constructive trust occurs in English law, and the grounds on which it does so. It focuses on constructive trusts that arise on one of two bases: liberal property theory, via its predicates proprietary inertia and nemo dat quod non habet; and a concern to counteract the ‘principal-agent problem’ besetting agency, trusts, and similar otherwise useful devices, and an analogous problem arising between a vendor and a purchaser especially of land. The discussions cover unsatisfactory transfers; receipt of illicitly transferred trust property; permitted acquisitions by fiduciaries; wrongful acquisitions by fiduciaries; unauthorized exchanges and mixtures; and anticipated transfers.
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This chapter examines the nature of the constructive trust. It explains that a trust is considered constructive when it arises by operation of law, typically as a result of the defendant’s unconscionable conduct. The chapter discusses the theoretical foundations of constructive trusts and describes different interpretations of the constructive trust, which include institutional and remedial constructive trusts. This chapter also considers the conditions under which institutional constructive trusts will be recognized and explains that, though a constructive trust is a real trust, it does not follow that a constructive trustee is under the same obligations as any other type of trustee. The chapter also examines whether the remedial constructive trust should be recognized in English law or whether a different interpretation of the trust should be recognized involving a modified institutional constructive trust.
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This chapter considers the situations where the parties have entered into informal arrangements relating to property. It examines three different scenarios where the trust may be applicable. The first concerns the so-called common intention constructive trust, which is especially significant where the relationship of a cohabiting couple breaks down. This raises difficult issues of property ownership where the couple’s home is registered in the name of one party or of both. The rights of the parties may be modified by virtue of their common intention, whether implied or imputed. Secondly, the chapter considers the so-called joint venture constructive trust and also the relevance of the constructive trust where the doctrine of proprietary estoppel is engaged.
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This chapter shows how the laws governing the interests in the family home have developed. It first discusses the deserted wife’s equity, which was one of the first attempts to provide an answer to a dispute about the family home. Next, the chapter considers cases regarding proprietary interests in the home, some of which later built up to the present law. It also returns to the topic of resulting trusts, showing how limitations in resulting trust analysis led to the use of common intention constructive trust principles when dealing with ownership of the family home. This form of constructive trust has the advantage of greater flexibility than resulting trusts with the ability to resolve issues about ownership both at the time of acquisition of the family home and later.
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This chapter shows how the laws governing the interests in the family home have developed. It first discusses the deserted wife’s equity, which was one of the first attempts to provide an answer to a dispute about the family home. Next, the chapter considers cases regarding proprietary interests in the home, some of which later built up to the present law. It also returns to the topic of resulting trusts, showing how limitations in resulting trust analysis led to the use of common intention constructive trust principles when dealing with ownership of the family home. This form of constructive trust has the advantage of greater flexibility than resulting trusts with the ability to resolve issues about ownership both at the time of acquisition of the family home and later.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lloyds Bank Plc v Rosset [1991] 1 AC 107, House of Lords. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stack v Dowden [2007] UKHL 17, House of Lords. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jones v Kernott [2011] UKSC 53, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stack v Dowden [2007] UKHL 17, House of Lords. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jones v Kernott [2011] UKSC 53, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lloyds Bank Plc v Rosset [1991] 1 AC 107, House of Lords. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jones v Kernott [2011] UKSC 53, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stack v Dowden [2007] UKHL 17, House of Lords. The document also includes supporting commentary from author Derek Whayman.
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This chapter considers the situations where the parties have entered into informal arrangements relating to property. It examines three different scenarios where the trust may be applicable. The first concerns the so-called common intention constructive trust, which is especially significant where the relationship of a cohabiting couple breaks down. This raises difficult issues of property ownership where the couple’s home is registered in the name of one party or of both. The rights of the parties may be modified by virtue of their common intention, whether implied or imputed. Secondly, the chapter considers the so-called joint venture constructive trust and finally the doctrine of proprietary estoppel which may enable proprietary rights to be created in Equity.
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Paul S Davies and Graham Virgo
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses resulting trusts and its two principal categories — ‘presumed’ resulting trusts and ‘automatic’ resulting trusts. Resulting trusts are a limited category of trusts that arise on certain facts where neither an express trust nor a constructive trust exists. Automatic resulting trusts arise where an express trust fails initially or subsequently, while presumed resulting trusts arise where a person voluntarily transfers property for no consideration in return, or contributes to the purchase of property in the name of another. There is a controversy regarding the basis of resulting trusts; the better view is that resulting trusts do not respond to unjust enrichment, but reflect a presumed intention of the transferor to have a beneficial interest in the transferred property.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with the central issues of implied trusts. Implied trusts can be either resulting or constructive. Resulting trusts fall into two categories, automatic or presumed. Constructive trusts are more difficult to define as the scope of their application seems to have been ‘left deliberately vague’ so that the courts can develop them as needed. There are no formalities for the creation of implied trusts. The law has developed methods of identifying the creation of implied trusts. Implied trusts are particularly important in relation to the family home.
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Graham Virgo
The Principles of Equity & Trusts offers a distinctive approach to this dynamic area of law. This book examines the law of Equity and Trusts in its contemporary context, offering a critical and insightful commentary on the law, its application, and development. The text communicates both Equity and trust doctrine and also theory and reflects the modern understanding of the subject, as propounded both by the judiciary and commentators in England and other Common Law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. The book consists of nine parts. Part I considers the history and contemporary relevance of Equity. Part II is about the express trust. Part III considers purpose trusts. Part IV then examines implied trusts. Part V is about beneficiaries. Part VI examines trustees’ powers and duties. Part VII examines variations of trusts. Part VIII is about breach of trust and fiduciary duty and the personal and proprietary remedies available for such breach. The final part examines other equitable remedies.
