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1 Found helpful • 18 Pages • Topic Notes • Year: Pre-2021
1. INTRODUCTION 2 A. Remedy or Institution? 3 B. Principled Operation of Law - Not Imposed Whenever Fairness Dictates 4 2. CATEGORIES OF CONSTRUCTIVE TRUSTS 5 A. Breach of Fiduciary Duty 5 B. Secret Commissions and Bribes 5 Secret Commissions and Bribes Under Australian law: 6 C. Property Agreements 6 (i) Agreements for Mutual Wills 6 (ii) Vendor under a contract for sale - The Rule in Lysaght v Edwards 7 D. Common Intention Constructive Trusts 8 Elements: 8 E. Stolen Property 10 F. Money Paid by Mistake 11 G. Unlawful Killing 11 H. Unconscionable Assertion/Retention or Denial of a Beneficial Interests in Property 12 Summary of Elements: 15 Effect of Legislation and residual role of equity 16 I. As a Remedy in Unconscionable Conduct, Estoppel 16 3. TIMING OF REMEDIAL CONSTRUCTIVE TRUSTS 17
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