The Inferred Trust: An Unhappy Marriage of Contract and Trust? – Michael Bryan, University College London, 5 May 2016

“It is now accepted that the principles applicable to the construction of contracts also apply to the construction of trust instruments: Re Sigma Finance Corporation [2009] UKSC 2. The principles are relevant not only to the construction of trust instruments but also to the process of inferring a trust from a commercial contract. This lecture sceptically examines the ‘what goes for contract law also goes for trust law’ approach to inferring trusts from contracts in the light of recent developments in the techniques for construing contracts. It will be argued that the principles for declaring a valid trust are distinct from the methodologies applied to construe contracts, and that some recent decisions have conflated contract and trust principles in determining whether a trust can be inferred from a contract …” (more)

First posted 2016-04-20 11:05:11

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