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Chapter

Cover Equity & Trusts

7. Constructive Trusts  

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 focuses on constructive trusts, which arise by operation of law without regard to the intentions of the parties. They are triggered by a defendant’s unconscionable conduct; however, in some cases, a constructive trust will be recognized even though the defendant has not acted unconscionably, such as the constructive trust that arises once a contract to sell land has been made. A remedial constructive trust is recognized by some jurisdictions, whereby equitable proprietary rights arise through the exercise of judicial discretion, but such a trust is not recognized in England and Wales. As with express trusts, title over particular property that is held on constructive trust is split between trustees and beneficiaries, but a constructive trustee is not subject to the same duties as an express trustee.

Book

Cover Equity

Sarah Worthington

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Equity sets out the basic principles of Equity, and illustrates them by reference to commercial and domestic examples of their operation. The text, which is the second edition, describes the role of Equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the Common Law itself. This edition offers a reworking of the material traditionally described as Equity. In doing this, it provides an examination of the fundamental principles underpinning Equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, it exposes the possibilities, and the need, for coherent substantive integration of Common Law and Equity. Such integration is perceived in this text as crucial to the continuing success of the modern Common Law legal system.