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
Equity and Trusts Essay Watch
- Thread Starter
- 19-04-2013 10:51
- 19-04-2013 22:26
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.