{"id":{"repo_id":"hull","oai_identifier":"oai:hull-repository.worktribe.com:4213657"},"canonical_url":"https://search.dev.ndltd.org/etd/hull/oai:hull-repository.worktribe.com:4213657","repository":{"repo_id":"hull","name":"University of Hull","base_url":"https://hull-repository.worktribe.com/oaiprovider"},"display":{"title":"Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation","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.","abstract_html":"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 &quot;institutional&quot; and &quot;remedial&quot; 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.","abstract_has_math":false,"creators":["Hicks, Andrew D. (Andrew David)"],"institution":"University of Hull","degree_name":"PhD","degree_level":"Doctoral","degree_discipline":null,"degree_department":null,"school":null,"contributors":[],"advisors":["Parry, Nicholas"],"committee_chairs":[],"committee_members":[],"year":2007,"date_issued":"2007","date_published":"2007","updated_at":"2026-07-24T02:33:37Z","subjects":["Law"],"languages":["en"],"rights":[],"rights_urls":[],"identifier_entries":[{"key":"dc:identifier","label":"Identifier","values":["oai:hull-repository.worktribe.com:4213657"],"render_values":[{"text":"oai:hull-repository.worktribe.com:4213657","href":null,"code":true}]}]},"links":{"outbound_url":"https://hull-repository.worktribe.com/4213657/1/Thesis","outbound_label":"Repository record","outbound_source":"dc:identifier.uri"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:contributor.advisor","label":"Advisor","values":["Parry, Nicholas"]},{"key":"dc:creator","label":"Author","values":["Hicks, Andrew D. (Andrew David)"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"dc:date","label":"Dc Date","values":["2007-08-01"]},{"key":"dc:date.issued","label":"Date","values":["2007"]},{"key":"dc:publisher.institution","label":"Dc Publisher Institution","values":["University of Hull"]},{"key":"dc:relation.isreferencedby","label":"Dc Relation Isreferencedby","values":["https://hull-repository.worktribe.com/output/4213657"]},{"key":"dc:type","label":"Dc Type","values":["Thesis"]},{"key":"dc:type.qualificationlevel","label":"Dc Type Qualificationlevel","values":["Doctoral"]},{"key":"dc:type.qualificationname","label":"Dc Type Qualificationname","values":["PhD"]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["Law"]}]},{"id":"language_rights","label":"Language and Rights","entries":[{"key":"dc:language","label":"Dc Language","values":["en"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier","label":"Identifier","values":["oai:hull-repository.worktribe.com:4213657"]},{"key":"dc:identifier.uri","label":"Identifier URI","values":["https://hull-repository.worktribe.com/4213657/1/Thesis"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description.abstract","label":"Abstract","values":["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."]},{"key":"dc:title","label":"Title","values":["Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation"]}]}],"canonical_facts":{"dc:contributor.advisor":["Parry, Nicholas"],"dc:creator":["Hicks, Andrew D. (Andrew David)"],"dc:date":["2007-08-01"],"dc:date.issued":["2007"],"dc:description.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."],"dc:identifier":["oai:hull-repository.worktribe.com:4213657"],"dc:identifier.uri":["https://hull-repository.worktribe.com/4213657/1/Thesis"],"dc:language":["en"],"dc:publisher.institution":["University of Hull"],"dc:relation.isreferencedby":["https://hull-repository.worktribe.com/output/4213657"],"dc:subject":["Law"],"dc:title":["Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation"],"dc:type":["Thesis"],"dc:type.qualificationlevel":["Doctoral"],"dc:type.qualificationname":["PhD"]},"updated_at":"2026-07-24T02:33:37Z"}