Explaining Constructive Trusts
Author:   Gbolahan O.A. Elias
Publisher:   Oxford University Press
ISBN:  

9780198254157


Pages:   208
Publication Date:   01 April 1990
Format:   Hardback
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Our Price $145.00 Quantity:  
Add to Cart

Share |

Explaining Constructive Trusts


Add your own review!

Overview

The rules on constructive trusts form one of the most topical and controversial areas of the modern English law of trusts. There are two theses about the rules. One, inspired by the North American experience, is that the rules should be regarded as instruments of restitution. The other is that the rules are confused and capricious. In this reappraisal of the area, these two topical theses are rejected and a fresh approach advanced. The third thesis is that the rules should be regarded as instruments for the rational furtherance of three coherent aims, firstly that one who has made a disposition in favour of another person should uphold the disposition. Secondly that one who has gained through another's loss should give up the gain to the other, and thirdly that one who has caused loss to another should repair the loss. These three aims convicingly account for many, and point to compelling reforms of several other, significant features of the rules.

Full Product Details

Author:   Gbolahan O.A. Elias
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 13.00cm , Height: 2.10cm , Length: 21.00cm
Weight:   0.405kg
ISBN:  

9780198254157


ISBN 10:   0198254156
Pages:   208
Publication Date:   01 April 1990
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

"Part 1 A preview. Part 2 The aims: three separate sketches; some pervasive puzzles. Part 3 The rules: ""Re Rose"", bargains, inducement; vitiation, profits, involvement. Part 4 The fears (1) - informality: legislation traditionally; legislation traditionally. Part 5 The fears (2) - priority: claims outside insolvency; claims on insolvency. Part 6 The theses: the third thesis; the sceptical thesis; the radical thesis."

Reviews

Author Information

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions
Latest Reading Guide

MRG2025CC

 

Shopping Cart
Your cart is empty
 Shopping cart
Mailing List

 

Sign up now