Remedial constructive trust

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A remedial constructive trust is a type of constructive trust recognised in Australia, Ireland, New Zealand, Canada and the United States, which allows courts to give a discretionary property remedy for breaches of certain obligations, or to acknowledge various rights. It has not been recognised in English trusts law, although a number of judges have proposed that it be acknowledged.

Contents

Australia

In Australia, the justification for the imposition of a remedial constructive trust has been based on the notion of an "unconscionable denial of beneficial interest", usually in property.

Canada

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English land law Law of real property in England and Wales

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<i>Westdeutsche Landesbank Girozentrale v Islington LBC</i> English legal case

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<i>Muschinski v Dodds</i>

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<i>Farah Constructions Pty Ltd v Say-Dee Pty Ltd</i>

Farah Constructions v Say-Dee Pty Ltd, also known as Farah, is a decision of the High Court of Australia. The case was influential in developing Australian legal doctrines relating to equity, property, unjust enrichment, and constructive trusts, as well as the doctrine of precedent as it applies in Australia.

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