Mapa mental
CONSTRUCTIVE TRUSTS

Mind map: constructive trusts
Conteúdo do mapa
CONSTRUCTIVE TRUSTS
Arise by operation of law, irrespective of parties express or presumed intentions
- Court decides when property should be held for benefit of someone whom equity and good conscience demand it to be held for!
- HUSSEY V PALMER Paid money, moved into SIL's house, extension not built
- CT imposed wherever justice and good conscience require it!
No formal written requirements excluded from s53(1)(b) & (c) does not have to be evidenced in writing
PROFITS BY PERSON IN FIDUCIARY RELATIONSHIP
- BRAY v FORD
- Person as a FR is not allowed or entitled to make a profit unless expressly provided for
- Cannot put himself in position where interests and duty conflict
- TITO v WARDELL
- Tree analogy While fruit is on the tree, have a FR, once fruit on ground FR is gone.
- TITO v WARDELL
- Cannot put himself in position where interests and duty conflict
- Person as a FR is not allowed or entitled to make a profit unless expressly provided for
- READING v AG - FR exists when one person entrusts another with a job to perform
- Sergeant helping to move contraband
- He'd been entrusted to perform a job, the contraband was not part of that job, bribe money recovered
- Sergeant helping to move contraband
- FID liable in 3 circumstances
- 1) receiving remuneration to which he is not entitled
- ie making unauthorised payments to himself - SUGDEN v CROSSLAND £75 inducement to retire
- 2) Entering into transaction on own behalf instead of principals
- KEECH v SANDFORD - market lease for minor, trustee could not keep lease for himself.
- C/F RE BISS Widow applying for lease, refused so son took it on, could keep as not a trustee, no FR just one of the next of kin
- 3) Using confidential information for own ends
- KEECH v SANDFORD takeover assisted by confidential information gained whilst working for the trust
- IDC v COOLEY C was MD, left job saying ill but really to perform other contract, had to pay back money
- C/F QUEENSLAND MINES v HUDSON QM interested in mining operation. H obtained the licences for QM to do job
- QM couldn't afford to proceed, H resigned as MD& with QM's knowledge undertook the work. Did not have to pay the profit back.
- BRIBES
- LISTER & CO v STUBBS
- AC held that when fiduciary accepts a bribe, not held as CT
- Overturned in AG of HK v REID public prosecutor taking bribes, bought property in NZ with money. Right in rem imposed could claim all the property
- followed in CROWN RESOURCES AG v VINOGRADSKY
- BUT - SINCLAIR INVESTMENTS UK v VERSAILLES TRADE FINANCE said that AC should follow own decisions unless 'per incuriam or of doubtful reliability
- Beneficiary cannot claim proprietary relief unless:
- Asset or money was or had been beneficially property of beneficiary
- OR, trustee had acquired the asset by taking advantage of opportunity or right which was the beneficiaries
- So, personally liable in equity but no proprietary interest!!
- OR, trustee had acquired the asset by taking advantage of opportunity or right which was the beneficiaries
- Asset or money was or had been beneficially property of beneficiary
- Beneficiary cannot claim proprietary relief unless:
- BUT - SINCLAIR INVESTMENTS UK v VERSAILLES TRADE FINANCE said that AC should follow own decisions unless 'per incuriam or of doubtful reliability
- followed in CROWN RESOURCES AG v VINOGRADSKY
- Overturned in AG of HK v REID public prosecutor taking bribes, bought property in NZ with money. Right in rem imposed could claim all the property
- AC held that when fiduciary accepts a bribe, not held as CT
- LISTER & CO v STUBBS
- BRIBES
- QM couldn't afford to proceed, H resigned as MD& with QM's knowledge undertook the work. Did not have to pay the profit back.
- C/F QUEENSLAND MINES v HUDSON QM interested in mining operation. H obtained the licences for QM to do job
- IDC v COOLEY C was MD, left job saying ill but really to perform other contract, had to pay back money
- KEECH v SANDFORD takeover assisted by confidential information gained whilst working for the trust
- KEECH v SANDFORD - market lease for minor, trustee could not keep lease for himself.
- 2) Entering into transaction on own behalf instead of principals
- ie making unauthorised payments to himself - SUGDEN v CROSSLAND £75 inducement to retire
- 1) receiving remuneration to which he is not entitled
- Existence of FR question of fact not law from ENGLISH v DEDHAM VALE PROPERTIES LTD
- BRAY v FORD
Only arises when a FID uses trust property to make an unauthorised profit
- No need to prove fraud
- Distinction between
- Being held personally liable/in personam
- Held as CT - right in rem so rights over property
Informações
- Descrição
- Degree Equity and Trusts Mapa Mental sobre CONSTRUCTIVE TRUSTS, criado por costafortune em 01-05-2013.
- Criado por
- costafortune
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