Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    0
    ReputationRep:
    I am having trouble with a essay on constructive trusts

    is there a theory that underlies the principles of a constructive trust??

    could you say there needs to be immoral behaviour

    because of unjust enrichment and unconscionable behaviour??

    im really unsure
    Offline

    19
    ReputationRep:
    Strictly speaking unjust enrichment doesn't give rise to a constructive trust, unconscionable retention does.

    Your explanation for constructive trusts as based on 'immoral behaviour' could work but you will have to classify trusts of homes (as in Stack v Dowden) and trusts of land (where there is a contract of sale but not a conveyance) as something other than constructive trusts. Virgo does use a similar definition to you - look at p.312 of his book and Chapter 9 generally.
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Has a teacher ever helped you cheat?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Write a reply...
    Reply
    Hide
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.