Constructive Trusts

Question 1

What case provides an example of a Constructive Trust?

Answer 1

Westdeutsche Landesbank GIrozentrale v Islington LBC [1996] AC 669.

Question 2

Why is the case of Westdeutshce result in a constructive trust?

Question 3

What cases establishes that constructive trust requirements are vague?

Answer 3

Per Edmund Davies in Carl-Zeiss Stiftung v Herbert Smith (no 2) 1969

Question 4

What is the nature of constructive trusts?

Answer 4

Imposed by the Court as result of conduct of trustee. It is independ of any party

Question 5

What is an Institutional constructive trust?

Answer 5

Where it arises by operation of principles of equity and who existence the court simply recognises in a declatory way.

Question 6

What is a Remedial Constructive Trust?

Answer 6

Is one which is imposed by court as remedy in circumstances where before order of court no trust of any kind existed.

Question 7

What type of constructive trusts are utilised in England and Wales?

Answer 7

Institutional Trusts

Question 8

Who argues that remedial trusts are the future and why?

Answer 8

Hudson, as it utilises equity far more

Question 9

What situations can lead to a constructive trust?

Answer 9

1) Advantage gained by fiduciaries breaching duty of loyality 2) Where Disposition of turst property in breach of trust 3) Where advantages have been recieved by fraudulent or unconscionable conduct.