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(p. 226) 8. Constructive Trusts and Informal Trusts of Land 

(p. 226) 8. Constructive Trusts and Informal Trusts of Land
(p. 226) 8. Constructive Trusts and Informal Trusts of Land

Gary Watt

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date: 05 July 2020

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the relationship between constructive trusts and unconscionability. It demonstrates that the English constructive trust is an ‘institutional’ rather than a ‘remedial’ constructive trust. It discusses common categories of constructive trust and significant theoretical and practical distinctions between the principal ‘methods’ (resulting trust, constructive trust, and proprietary estoppel) by which equity recognises informal shared ownership of land.

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