Learning from Each Other: Can We Utilize Developments in Australian and American Constructive Trust Law to Assist Each Jurisdiction?
U. of Adelaide Law Research Paper No. 2020-116
Wright, D. (2019) Learning from Each Other:Can We Utilize Developments in Australian and American Constructive Trust Law to Assist Each Jurisdiction? in Russell L. Weaver and Steven I. Friedland (eds), Twenty-First Century Remedies (Carolina Academic Press, North Carolina 2019) p131-168
Posted: 18 Aug 2020
Date Written: August 18, 2020
Abstract
Comparing the Australian constructive trust with the American constructive trust would seem simple. Basically, the American constructive trust appears to be based on unjust enrichment,1 while the courts have stressed that the Australian constructive trust is not based on unjust enrichment law. Therefore, they appear quite different. However, this appearance is wrong. To explain why, it is imperative to appreciate the fact that the Australian courts have repeatedly rejected the Birksian model of unjust enrichment as the basis of Australian constructive trust.
Keywords: American constructive trust , Australian constructive trust
JEL Classification: K10
Suggested Citation: Suggested Citation