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...