Overview

Although disputes upon the termination of a marriage are usually resolved in accordance with a legislatively determined scheme,similar disputes between unmarried cohabitees generally fall to be determined on the basis of rules developed by the courts. Much of the difficulty surrounding the area is attributable to the fact that it straddles a number of the traditional legal compartments, falling somewhere between equity, property, family, contract and restitution. The present book makes a determined effort to isolate each strand of the doctrinal tangle and to trace it back to its source. To this end, it considers developments in the established doctrines of resulting trust and estoppel before moving on to consider, in turn, the English ‘common intention’ trust; the modified resulting trust analysis favoured in Ireland; Lord Denning’s abortive ‘constructive trust of a new model’; the Canadian unjust enrichment approach; the Australian ‘unconscionability’ doctrine; and, finally, New Zealand’s ‘reasonable expectations’ model. A comparative approach is taken throughout the book, culminating in a concluding chapter which draws together a number of themes that recur across the various doctrinal approaches.

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9781901362763

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Reviews

...an invaluable resource, charting the historical development of the approaches taken in each jurisdiction.The book is well written and presented, with extremely useful footnoting and a comprehensive index. In the opinion of the reviewer, Mee's book is informative and easy to read, and it should attract a readership beyond the guild of property lawyers! John Stevens Restitution Law Review June 2002 Mees book is highly readable, intelligently argued and contains food for thought on both theoretical and practical levels. Alison Dunn Trust Law International September 2002

...an invaluable resource, charting the historical development of the approaches taken in each jurisdiction.The book is well written and presented, with extremely useful footnoting and a comprehensive index. In the opinion of the reviewer, Mee's book is informative and easy to read, and it should attract a readership beyond the guild of property lawyers!John StevensRestitution Law ReviewJune 2002Mees book is highly readable, intelligently argued and contains food for thought on both theoretical and practical levels.Alison DunnTrust Law InternationalSeptember 2002

Author Information

John Mee is a Lecturer in Law at University College Cork, Eire.

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