Book contents
- Frontmatter
- Contents
- Preface
- 1 Historical introduction
- 2 Equitable remedies
- 3 The classification of trusts and powers
- 4 The three certainties
- 5 Constitution of trusts
- 6 Formalities for the creation of a trust
- 7 Private purpose trusts
- 8 Unincorporated associations
- 9 Resulting trusts
- 10 Constructive trusts
- 11 Trusts of the family home
- 12 Secret trusts and mutual wills
- 13 Charities; the Charities Act and the rules of cy près
- 14 Trustees: appointment, retirement and capacity
- 15 Duties and powers of trustees
- 16 Variation of trusts
- 17 Fiduciary duties and breach of fiduciary duties
- 18 Breach of trust and defences to breach of trust
- 19 Remedies against strangers to a trust
- 20 Tracing
- Index
10 - Constructive trusts
- Frontmatter
- Contents
- Preface
- 1 Historical introduction
- 2 Equitable remedies
- 3 The classification of trusts and powers
- 4 The three certainties
- 5 Constitution of trusts
- 6 Formalities for the creation of a trust
- 7 Private purpose trusts
- 8 Unincorporated associations
- 9 Resulting trusts
- 10 Constructive trusts
- 11 Trusts of the family home
- 12 Secret trusts and mutual wills
- 13 Charities; the Charities Act and the rules of cy près
- 14 Trustees: appointment, retirement and capacity
- 15 Duties and powers of trustees
- 16 Variation of trusts
- 17 Fiduciary duties and breach of fiduciary duties
- 18 Breach of trust and defences to breach of trust
- 19 Remedies against strangers to a trust
- 20 Tracing
- Index
Summary
Key points
a constructive trust is imposed by operation of law;
it has a number of different definitions;
it arises in a variety of different situations;
the key feature of all types of constructive trust is to prevent unconscionability;
in England and Wales the courts can only impose an institutional constructive trust; and
other jurisdictions can impose a constructive trust as a remedy in the form of a remedial constructive trust.
Introduction. What is a constructive trust? Problems in definition
A constructive trust is difficult to define. It is imposed by the court where it would be unconscionable for the legal owner of property to deny a beneficial interest to a claimant. It differs from a resulting trust because it does not usually give effect to the intentions of the parties but arises as a response to circumstances.
- Type
- Chapter
- Information
- A Student's Guide to Equity and Trusts , pp. 140 - 157Publisher: Cambridge University PressPrint publication year: 2012