Andrew D. (Andrew David) Hicks
Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation
Hicks, Andrew D. (Andrew David)
Authors
Contributors
Nicholas Parry
Supervisor
Abstract
In this thesis I examine the conceptual nature of the constructive trust. In particular I provide a critique of those contemporary theories which view the conceptual choice as one of clear alternatives between the "institutional" and "remedial" constructive trust. Having rejected these unhelpful and somewhat confusing alternatives a new framework for analysis is proposed. The aim of the proposal is to facilitate the reaching of normatively desirable results within a framework that is coherent, rational and illuminating. The framework is applied (and its benefits illustrated) in the second half of the thesis, which focuses on the specific context of acquisitive breaches of fiduciary obligation.
Citation
Hicks, A. D. (. D. (2007). Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation. (Thesis). University of Hull. Retrieved from https://hull-repository.worktribe.com/output/4213657
Thesis Type | Thesis |
---|---|
Deposit Date | Feb 1, 2013 |
Publicly Available Date | Feb 22, 2023 |
Keywords | Law |
Public URL | https://hull-repository.worktribe.com/output/4213657 |
Additional Information | Law School, The University of Hull |
Award Date | Aug 1, 2007 |
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Copyright Statement
© 2007 Hicks, Andrew D. (Andrew David). All rights reserved. No part of this publication may be reproduced without the written permission of the copyright holder.
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