Question: ‘There is a great fear in our law that recognising a remedial constructive trust will give rise to an indiscriminate or unjustified variation of existing property rights.’ Discuss.
Answer: The topic concerning remedial constructive trusts in the UK law is complex due to the fact that remedial constructive trusts are a remedy that is still at an embryonic stage of development with varying approaches taken by actual law dicta and also by law academics. Some agree with the use of remedial constructive trusts while other disagree, proved by the title quotation. On the other side of the spectrum, there is a want and acceptance for remedial constructive trusts....(short extract)
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- Subject: Law
- Course: Equity and Trust Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 64%
- Words: 2449
- Date submitted: February 05, 2009
- Date written: November, 1999
- References: Yes
- Document type: Essay*
- Essay ID: 626
