Constructive and Resulting Trusts

Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.

ISBN 1841139270   DEWEY edition DC22 ISBN13 9781841139272 (What's this?)   Pages 392 Publisher Hart Publishing   Weight (grammes) 709 Imprint Hart Publishing   Published in Oxford Format Hardback   Height (mm) 234 Publication date 03 Mar 2010   Width (mm) 156 Library of Congress 2010287665   Spine width (mm) 22 DEWEY 346.42059   Academic level Professional / Scholarly, Tertiary education

		Table of Cases
		Table of Legislation
Pt. I		Constructive Trusts		1
1		The Words Which Are Not There: A Partial History of the Constructive Trust by Paul Matthews		3
2		Reliance-Based Constructive Trusts by Simon Gardner		63
3		The Nature of the Trust in Rochefoucauld v Boustead by William Swadling		95
4		Remedies for Knowing Receipt by Charles Mitchell and Stephen Watterson		115
5		Knowing Receipt and Registered Land by Matthew Conaglen and Amy Goymour		159
6		The Centrality of Constructive and Resulting Trusts by Ben McFarlane		183
Pt. II		Resulting Trusts		205
7		'Automatic' Resulting Trusts: Retention, Restitution, or Reposing Trust? by John Mee		207
8		Resulting Trusts and Unjust Enrichment: Three Controversies by James Penner		237
9		Is There a Presumption of Resulting Trust? by Robert Chambers		267
10		The Presumption of Advancement by Jamie Glister		289
11		Intention, Mistakes and Resulting Trusts by Charlie Webb		315
12		Locus Poenitentiae: Repentance, Withdrawal and Luck by Irit Samet		335

The collection of essays is a significant and important contribution in this area.John TarrantThe Journal of Business LawIssue 8, 2010This collection of essays from an impressive range of experts is an important recent contribution to the debate.Many of the chapters in this volume will incite further debate, and none of them can be accused on simply rehearsing old arguments. The book is an invaluable resource for scholars, graduate students and able undergraduates.Brian SloanThe Cambridge Law JournalVolume 69, Part 3, November 2010The contribution this book makes to the law concerning constructive and resulting trusts is immense. The twelve essays challenge our preconceived ideas of these trusts by suggesting often radically new perspectives on how we should analyse the law...this book will prove to be a most rewarding read for those to whom the controversies of the law of trusts is appealing.Ting Khai LiewTrust Law International24(3), 2010

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