Informal Carers and Private Law

Abstract

1. Introduction 1.1 The Concern of this Book 1.2 Social Policy Context and Normative Considerations 1.3 Questions to be Addressed in the Book 1.4 Subject Matter of the Book 1.5 Summary 2. Property Law Claims: Proprietary Estoppel and Constructive Trusts 2.1 Introduction and Background 2.2 The Elements of Proprietary Estoppel 2.3 The Remedial Discretion 2.4 The Legitimacy of Proprietary Estoppel 2.5 Carers and the Constructive Trust 2.6 Conclusion: The Limitations of Estoppel 3. Statutory Enforcement of Testamentary Promises 3.1 Introduction and Background to the New Zealand Legislation 3.2 The Promise 3.3 Proposed Reforms to the 'Promise' Requirement 3.4 The Services or Work 3.5 The Remedy 3.6 Conclusion 4. Unjust Enrichment 4.1 Introduction 4.2 Care Services as Enrichment 4.3 The Unjust Factor 4.4 Unjust Enrichment in the Domestic Context in England and Wales 4.5 The Distinctive Canadian Approach 4.6 Conclusion 5. Family Provision 5.1 Introduction 5.2 Justifying the Use of Family Provision Law to Recognise the Carer 5.3 The Eligibility of the 'Pure' Carer under the Inheritance (Provision for Family and Dependants) Act 1975 5.4 The Relevance of Care Provided to the Quantification of Relief 5.5 Conclusion 6. Inter Vivos Provision on the Breakdown of Caring Relationships 6.1 Introduction 6.2 The Position in England and Wales 6.3 The Approach in Australia 6.4 Conclusion 7. Undue Influence 7.1 Introduction 7.2 Policy Issues 7.3 Undue Influence and Informal Carers 7.4 Applying the Elements of Presumed Undue Influence to Care Cases 7.5 Conclusion 8. Conclusion 8.1 Carers and Private Law 8.2 Unconscionability of Dealing 8.3 Unconscionability of Outcome 8.4 The Limitations of Statutory Discretions 8.5 The Measure of Relief 8.6 The Future