464524
Description
Mind Map by lorriehone, updated more than 1 year ago
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Created by lorriehone
over 10 years ago
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Constructive Trusts
- operation of law and
may arise when:
- property
acquired by
unlawful killing
- killer treated as deceased
when allocating trust property
- forfeiture act 1982
- forfeiture act 1982
- applies to manslaughter,
murder & related offences
- killer treated as deceased
when allocating trust property
- property
acquired
by fraud
- property must
be able to be
subject to
equitable interest
- fraud: the purpose
of the defeating
benefit of the trust
- property must
be able to be
subject to
equitable interest
- mutual wills
- must be an
agreement
- prevents fraud
- may be an obligation
if only one party
believed there was
an agreement
- prevents fraud
- must be an
agreement
- unauthorised
profits
- not entitled to make profit
- no conflict allowed
- no conflict allowed
- knowledge gained by
fiduciary position may be
accountable for any profit
- not entitled to make profit
- property
acquired by
unlawful killing
- would be
unconscionable to
deny interest
- Lord Denning:
remedy to prevent
unjust enrichment
- courts reluctant to
use as remedy
- must be a breach of
fiduciary duty
- must be a breach of
fiduciary duty
- courts reluctant to
use as remedy
- property must
already be vested
- remedy is against the
property, not trustee
- remedy is against the
property, not trustee
- not subject
to s53
formalities
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