Constructive Trusteeship: The Perils of Statutory Formulae

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

14 Pages Posted: 29 Nov 2018

Date Written: March 9, 2016

Abstract

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.

Keywords: constructive trust, breach of trust, statute law, Marshall Islands

Suggested Citation

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. Available at SSRN: https://ssrn.com/abstract=3292532

Darryn Jensen (Contact Author)

ANU Law School ( email )

Canberra, Australian Capital Territory 0200
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
11
Abstract Views
35
PlumX Metrics