Create a 8 pages page paper that discusses controversies surrounding constructive trusts.
Create a 8 pages page paper that discusses controversies surrounding constructive trusts. As a particular constructive trust would relate only to the specific property, the legal professionals also call it as a “proprietary” remedial method of solving the particular disputes….(Duhaime, 2009)
Trusts are frequently established in a will, which could be called a trust instrument, where the settlor is referred to as a testator. Hence an express trust implies that the settler has expressed a wish to establish the will. However, there is no explicit intention on the part of the settlor to establish a constructive trust. The establishment of such trusts is the consequence of legal responses to the events that might have been encountered during any property transactions.
Accordingly, the purpose of constructive trusts should revolve around its binding effect on the issues of law in developing the major issues like honoring commitments, disgorging gains and repairing losses. Hence, the rationale behind the constructive trusts should consider these three main themes, while discussing the obligations and rights under the property law. As no firm and agreed list of rules are available under the English law, which could govern the constructive trusts, their rationale and guidance come from various court cases, where the concerned judges have suggested rules for the constructive trust, pertaining to the specific case. Accordingly, five rules on constructive trusts are briefly summarized below:
However, these and other rules that bind the foundation of constructive trusts being heterogeneous in nature, there has been a fair amount of confusion about the concepts of such trusts and the liabilities involved in referring to the same. Accordingly, the above rules remain debatable, when judged under different circumstances. For example, it may be a mild punishment for an honest trustee to surrender his term, after he has renewed the lease of the trust estate. Similarly, it may result in undermining the settled judicial authority, if a stranger is honest but negligently assists in breach of trust and is thus required to repair the loss caused by such action.
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