Equity and Trusts 1 Tutorial-Constructive Trust
Recent developments in the field of constructive trusts demonstrate beyond peradventure that Equity is by no means beyond the age of child-bearing. Discuss. Question
Equity can still create new actions and remedies. Equity was created to address a perceived unfairness in common law. Since the merger of common law and equity courts (Judicature Acts) equity is available as a "shield not a sword" to he who comes with "clean hands".
Introduction: - The traditional approach of English law compared to the American law-summary of recent developments and introduction of new model constructive trusts by the courts- consideration of the cases and developments in detail-development of the law since Lord Denning’s retirement-conclusion. Suggested Model Answer for Constructive Trust
The traditional approach of English law to the constructive trust is that it is a substantive institution only imposed in certain well defined situations; for example: BREACH OF FIDUCIARY DUTY. English approach should be contrasted with American approach as treated as remedial institution.-no clearly defined principles are laid down for the imposition of such trusts, instead they are imposed to prevent unjust enrichment, i.e cases where holder of legal title may not in good conscience retain the beneficial interest. • Suggested Model Answer for Constructive Trust
The American concept of the constructive trust has been creeping into English law in relatively recent years. ( in the are
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