Abstract
This paper examines the existing bases of proprietary claims, a pre-existing connection with property and a pre-existing fiduciary relationship, before looking at whether those requirements are properly expanded by other bases. It then suggests that the existing bases are appropriate for a traditional institutional constructive trust, but that it may be appropriate to award a remedial constructive trust on the basis of unconscionability. However, the paper suggests that such an order is not appropriate between commercial parties dealing at arms' length where there is no pre-existing equitable obligations on either party with respect to the relationship with the other.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.