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

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.

Name dc:type.qualificationname

PhD

Level dc:type.qualificationlevel

Doctoral

Grantor dc:publisher.institution

University of Hull

Year dc:date.issued

2007

Author dc:creator

• Hicks, Andrew D. (Andrew David)

Advisor dc:contributor.advisor

• Parry, Nicholas

• Law

Language dc:language

en

Identifier

oai:hull-repository.worktribe.com:4213657

OAI identifier oai:identifier

oai:hull-repository.worktribe.com:4213657