Remedial constructive trust

A remedial constructive trust is a type of constructive trust recognised in Australia, Ireland, New Zealand, Canada and the United States, which allows courts to give a discretionary property remedy for breaches of certain obligations, or to acknowledge various rights. It has not been recognised in English trusts law, although a number of judges have proposed that it be acknowledged.

Australia

In Australia, the justification for the imposition of a remedial constructive trust has been based on the notion of an "unconscionable denial of beneficial interest", usually in property.

Canada

See also

References

  • P Birks, 'Rights, Wrongs and Remedies' (2000) 1 OJLS 1

Content Disclaimer

Informasi ini disarikan dari Wikipedia dan disajikan kembali untuk tujuan edukasi. Konten tersedia di bawah lisensi CC BY-SA 3.0. Kami tidak bertanggung jawab atas ketidakakuratan data yang bersumber dari kontribusi publik tersebut.

  1. The information displayed on this website is sourced in part or in whole from Wikipedia and has been adapted for the purpose of restating it. We strive to provide accurate and relevant information, however:
  2. There is no guarantee of absolute accuracy. Wikipedia is an open, collaborative project that can be edited by anyone, so information is subject to change.
  3. It is not intended to constitute professional advice. The content displayed is for informational and educational purposes only. For important decisions (e.g., medical, legal, or financial), please consult a professional.
  4. Content copyright. Wikipedia is licensed under the Creative Commons Attribution-ShareAlike License (CC BY-SA). This means that content may be reused with appropriate attribution and shared under a similar license.
  5. Responsible use. Any risk arising from the use of information from this website is entirely the responsibility of the user.