Obligations Group Book Launch: Rationalising Constructive Trusts
Staff Common Room, Level 9
185 Pelham Street
Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole—as opposed to specific doctrines or particular aspects of constructive trusts—have been few and far between.
Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines?
From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.
Dr Ying Liew, Melbourne Law School
Dr Ying Liew
Melbourne Law School
Dr Ying Khai Liew is a Senior Lecturer in Law at the University of Melbourne. He joined the Melbourne Law School in 2017, having previously held lectureships at King's College London and University College London (UCL). His research interests lie in private law, particularly in the fields of trusts and obligations. He has published in leading international journals, including the Law Quarterly Review, Cambridge Law Journal, Modern Law Review, Conveyancer and Property Lawyer, and Journal of Equity. He is the coauthor (with Professor AG Guest) of The Law of Assignment (2nd edn, Sweet & Maxwell 2015), and has recently published his monograph, Rationalising Constructive Trusts (Hart Publishing 2017).