Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation

Hicks, Andrew D. (Andrew David)

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. Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation. (Thesis). University of Hull. 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