Darryn Jensen, ‘Constructive Trusteeship: The Perils of Statutory Formulae’

This paper evaluates the provisions concerning constructive trusteeship in Trusts Act 1994 (Marshall Islands) and makes more general observations about the roles of constructive trusts in litigation involving trustees’ breaches of duty, the roles of statute law and the risk inherent in attempts to express complex and multi-faceted private law concepts in statutory formulae.

Jensen, Darryn, Constructive Trusteeship: The Perils of Statutory Formulae (March 9, 2016). Kit Barker, Karen Fairweather and Ross Grantham, Private Law in the 21st Century (Hart Publishing, Oxford, 2017) 155-169; ANU College of Law Research Paper No 18-27.

First posted 2018-12-04 08:06:05

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