Search results for: rationalising-constructive-trusts

Rationalising Constructive Trusts

Author : Ying Khai Liew
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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.

Trusts and Equity

Author : Gary Watt
File Size : 20.18 MB
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Trusts and Equity continues to offer a comprehensive and user-friendly approach, providing a concise route through what can be a challenging area of the law. Drawing on years of experience, Gary Watt encourages students to actively engage with the subject and think critically about its centralissues, outlining the key perspectives with clarity and rigour.Online Resources accompany this book, providing additional support for both students and lecturers.Online ResourcesDT Three video lectures presented by Gary Watt, providing an introduction to key areas of debate within the subjectDT Essay questions and problem scenarios with accompanying answer guidance, along with general guidance on answering these kinds of questions to enable you to improveDT Key legal developments in the law post-publication to keep you up to dateDT Multiple choice questions to enable you to test your newfound knowledgeDT Web links to further primary sources and commentary to aid your understandingDT Flashcard glossary to help test your knowledge of key terms

Landmark Cases in Succession Law

Author : Brian Sloan
File Size : 86.73 MB
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The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.

The Frontiers of Liability

Author : Peter Birks
File Size : 86.76 MB
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Developments in Singapore Law Between 2001 and 2005

Author : Singapore Academy of Law. Conference
File Size : 64.72 MB
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University of Western Australia Law Review

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File Size : 54.59 MB
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The Edinburgh law review

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File Size : 20.50 MB
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Land Law

Author : John Stevens
File Size : 66.53 MB
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Providing comprehensive coverage of the core areas studied on land law courses, this text offers a clear account of the subject with sufficient depth to serve as a main course text, but not overwhelm the reader with detail. The volume concentrates on the situations which are usually encountered in real life, aiming to lead to a rapid understanding of the subject.

Dublin University Law Journal

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File Size : 56.30 MB
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McGill law journal

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File Size : 64.93 MB
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Equity and Contemporary Legal Developments

Author : Stephen R. Goldstein
File Size : 53.29 MB
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Index to Theses with Abstracts Accepted for Higher Degrees by the Universities of Great Britain and Ireland and the Council for National Academic Awards

Author :
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Landmark Cases in Equity

Author : Charles Mitchell
File Size : 80.71 MB
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Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.

The Property Rights of Cohabitees

Author : John Mee
File Size : 38.52 MB
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Although disputes upon the termination of a marriage are usually resolved in accordance with a legislatively determined scheme, similar disputes between unmarried cohabitees (except in certain Australian jurisdictions) fail to be determined on the basis of rules developed by the courts. Much of the difficulty surrounding the area is attributed to the fact that it straddles a number of the traditional legal compartments, falling somewhere between equity, property, family, contract and restitution. The present book attempts to break down some of the barriers which in the past have hindered a full understanding of the issues involved. It begins with an introductory chapter which places heterosexual and homosexual cohabitation in its general social and legal context. The focus then turns to a doctrinal analysis of equity's response in five common law jurisdictions. A comparative approach is taken throughout this book, culminating in a concluding chapter which draws together a number of themes which recur across the various doctrinal approaches.

The New Zealand Law Journal

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File Size : 21.25 MB
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Personal Property Law

Author : Sarah Worthington
File Size : 48.86 MB
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This casebook covers the philosophy and concepts of personal property law and the impact of evolving business practices on the development of the law.

New South Wales law reports

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File Size : 25.67 MB
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Modern Equity

Author : Jill E. Martin
File Size : 58.74 MB
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This revised edition of the leading textbook on equity and trusts provides comprehensive and updated coverage of trusts, trustees and equitable remedies, particularly the Trustee Act 2000.

Essays in Equity

Author : Paul D. Finn
File Size : 84.58 MB
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Introduction to Trusts

Author : Donald R. C. Chalmers
File Size : 41.71 MB
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This clearly written and compact publication introduces students to the complex area of the law of trusts.