It is trite that constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly rationalised. Unfortunately, a generally accepted justificatory framework has yet to be attained. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By exploring the real-world events which trigger constructive trusts, as well as analyzing how constructive trusts relate to parties' rights and duties, it provides answers to a number of crucial questions. For...
It is trite that constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their...
2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the...
2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings togeth...
"These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-based" approach by a "factors-based" one, were first presented at a conference in May 2017."
"These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-...