THE CONSTRUCTIVE TRUST AS A REMEDY FOR MISTAKE, FRAUD, DURESS AND UNDUE
AbstractThe constructive trust is gradually emerging in Anglo-Australian law as a very effective remedy for the specific restitution of property acquired by fraudulent, unconscionable or inequitable conduct. It is therefore appropriate to consider in more detail the general principles which are applied by the courts to determine whether a person holding title to property can be charged as a constructive trustee of the property because the property was acquired by fraudulent, unconscionable or inequitable conduct. It is also necessary to examine particular applications of these general principles. In this article the use of the constructive trust as a remedial device for restoring property acquired by mistake, fraud, duress and undue influence is considered as a specific category in which these general principles are applied as a justification for charging the holder of title to property as a constructive trustee of the property.
Total Abstract Views: 992 Total PDF Downloads: 2916
Authors who publish with this journal retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC-BY) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Articles in this journal are published under the Creative Commons Attribution Licence (CC-BY). This is to achieve more legal certainty about what readers can do with published articles, and thus a wider dissemination and archiving, which in turn makes publishing with this journal more valuable for authors.