Ying K. Liew, Rationalising Constructive Trusts, London: Hart Publishing, 2017, 416 pp, hb £90.00.

Ying K. Liew, Rationalising Constructive Trusts, London: Hart Publishing, 2017, 416 pp, hb £90.00. More than half a century ago, when reviewing D. W. M. Walters, The Constructive Trust (London: Athlone Press, 1964), L. A. Sheridan noted that ‘as a classificatory device’, the term constructive trust ‘has served only to confuse’ ((1965) 28 MLR 378). Dr Liew is to be congratulated for, once again, attempting the impossible task of theorising constructive trust. This book is not a comprehensive survey of case law relating to ‘constructive trusts’, but an endeavour to distil a theory of the term. The book therefore disregards a number of doctrines which, in the author's view, are not within its scope. For example, he argues that dishonest assistance, knowing receipt, and trusteeship de son tort, which are traditionally understood to entail remedies against a constructive trustee, are better understood as personal liabilities arising from fraud on the part of the so‐called ‘constructive trustee’, rather than examples of the proprietary remedy of constructive trusts. It is also argued that mistaken payments and the retrospective revesting of title to property in the context of equitable fraud ought to be analysed as express or resulting trusts.The author's impossible task understandably resulted not in a theory, but a system of constructive trusts, as set http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Modern Law Review Wiley

Ying K. Liew, Rationalising Constructive Trusts, London: Hart Publishing, 2017, 416 pp, hb £90.00.

Loading next page...
 
/lp/wiley/ying-k-liew-rationalising-constructive-trusts-london-hart-publishing-6iT4phgkEV
Publisher
Wiley Subscription Services, Inc., A Wiley Company
Copyright
© 2018 The Modern Law Review Limited. All rights reserved
ISSN
0026-7961
eISSN
1468-2230
D.O.I.
10.1111/1468-2230.12338
Publisher site
See Article on Publisher Site

Abstract

More than half a century ago, when reviewing D. W. M. Walters, The Constructive Trust (London: Athlone Press, 1964), L. A. Sheridan noted that ‘as a classificatory device’, the term constructive trust ‘has served only to confuse’ ((1965) 28 MLR 378). Dr Liew is to be congratulated for, once again, attempting the impossible task of theorising constructive trust. This book is not a comprehensive survey of case law relating to ‘constructive trusts’, but an endeavour to distil a theory of the term. The book therefore disregards a number of doctrines which, in the author's view, are not within its scope. For example, he argues that dishonest assistance, knowing receipt, and trusteeship de son tort, which are traditionally understood to entail remedies against a constructive trustee, are better understood as personal liabilities arising from fraud on the part of the so‐called ‘constructive trustee’, rather than examples of the proprietary remedy of constructive trusts. It is also argued that mistaken payments and the retrospective revesting of title to property in the context of equitable fraud ought to be analysed as express or resulting trusts.The author's impossible task understandably resulted not in a theory, but a system of constructive trusts, as set

Journal

The Modern Law ReviewWiley

Published: Jan 1, 2018

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 12 million articles from more than
10,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Unlimited reading

Read as many articles as you need. Full articles with original layout, charts and figures. Read online, from anywhere.

Stay up to date

Keep up with your field with Personalized Recommendations and Follow Journals to get automatic updates.

Organize your research

It’s easy to organize your research with our built-in tools.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

Monthly Plan

  • Read unlimited articles
  • Personalized recommendations
  • No expiration
  • Print 20 pages per month
  • 20% off on PDF purchases
  • Organize your research
  • Get updates on your journals and topic searches

$49/month

Start Free Trial

14-day Free Trial

Best Deal — 39% off

Annual Plan

  • All the features of the Professional Plan, but for 39% off!
  • Billed annually
  • No expiration
  • For the normal price of 10 articles elsewhere, you get one full year of unlimited access to articles.

$588

$360/year

billed annually
Start Free Trial

14-day Free Trial