15. Constructive trusts and fiduciary duty

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Third Parties ◽  
Fiduciary Duty ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Law ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The chapter looks at the nature of fiduciary duty and how someone becomes a fiduciary. The liability of fiduciaries for breach of trust is considered. Bribery and secret profits are explained, the meaning, nature, and approaches to constructive trusts are studied, and the various circumstances in which constructive trust might emerge are discussed. These include remedial and institutional constructive trusts. The liability of third parties (strangers) in constructive trusts as trustees de son tort, dishonest assisters, and those in knowing receipt are considered. The meanings of ‘knowledge’ and ‘dishonesty’ in this area of the law are explained, as is the level of liability of constructive trustees.

20. Freehold Covenants

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

8. Unincorporated associations and the beneficiary principle

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Legal Personality ◽  
Wide Range ◽  
Legal Structures ◽  
Complete Series ◽  
Explanatory Text ◽  
The Law ◽  
Own Name ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. All trusts, except for charities, require beneficiaries to enforce the trust. This can be inconvenient, so there are exceptions. Unincorporated associations are a type of organization that does not exist in the eyes of the law. They have no legal personality, therefore they cannot hold property in their own name. This chapter discusses the possible legal structures for unincorporated associations; the dissolution of unincorporated associations; the beneficiary principle; trusts for monuments or graves; trusts for the maintenance of particular animals; and trusts for the saying of masses.

20. Freehold Covenants

2019 ◽  
pp. 613-658
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

5. Proprietary estoppel

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Wide Range ◽  
Different Types ◽  
Complete Series ◽  
Explanatory Text ◽  
Similarities And Differences ◽  
The Law ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on proprietary estoppel discusses the following: the principle of estoppels; the key elements of proprietary estoppel; the importance of the principle of unconscionability; the need for a clear representation or acquiescence; the different types of detriment; the flexibility of an equitable remedy; and the similarities and differences between a proprietary estoppel and a constructive trust. Estoppel seems to offer an exception to the normal rules of legal formality—ie transactions involving land require writing—and so provides a classic example of equity moderating the harshness of the law.

6. The disposal of property on death

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Primary Materials ◽  
Trust Intention

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on the disposal of property on death discusses the following: the general characteristics of wills; the doctrine of incorporation by reference; the origins of the secret trust; the difference between fully and half-secret trusts; the three elements of a secret trust: intention, communication, and acquiescence; mutual wills; donatio mortis causa (death-bed gifts); and the rule in Strong v Bird. All four of these doctrines provide exceptions to the strict rules governing wills and provide another example of equity mitigating the harshness of the law.

11. Free movement of persons

2019 ◽  
pp. 522-582
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Free Movement ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Free Movement Of Persons ◽  
The Right ◽  
Primary Materials ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement; and limitations on the rights of free movement as provided for in primary and secondary legislation.

7. Challenging EU action or inaction

2019 ◽  
pp. 312-355
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Member States ◽  
The Rule Of Law ◽  
Locus Standi ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Relationship ◽  
Primary Materials ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the role of the Court of Justice in ensuring that the rule of law in the EU is observed both by Member States and EU Institutions. The chapter examines infringement actions under Article 258 TFEU, and financial penalties for Member States under Article 260 TFEU. The discussion of judicial review considers acts that may be challenged; who can bring an action under Article 263 TFEU; permissible applicants under Article 263 TFEU; non-privileged applicants; reforming the criteria for locus standi for non-privileged applicants. The chapter also explains the grounds for annulment; the effect of annulment; the plea of illegality; failure to act; and the relationship between Article 263 TFEU and Article 265 TFEU.

21. Escaping from Restrictive Covenants

2019 ◽  
pp. 659-673
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Public Interest ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the various options available to developers whose plans are obstructed by restrictive covenants. It covers ignoring restrictive covenants; attempting to buy out the dominant owners; identifying who can enforce a restrictive covenant; obtaining a definitive list of dominant owners; modification or discharge of a covenant under s84(1) of the Law of Property Act 1925; grounds for discharge or modification of restrictive covenants (obsolete, obstructs some reasonable user of the land, practical benefit and public interest); and balancing interests of the parties.

18. Creation of Express and Implied Grant of Easements

2019 ◽  
pp. 558-580
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
The Law ◽  
Compulsory Purchase ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits), which includes ways of necessity, intended easements, the rule in Wheeldon v Burrows and s62 of the Law of Property Act 1925; implied reservation of easements covering necessity and intended easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.

18. Procedural Impropriety

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

Sign in / Sign up

Export Citation Format

Share Document