The University of Southampton
University of Southampton Institutional Repository

Constructive trusts and estoppel

Constructive trusts and estoppel
Constructive trusts and estoppel
Repeated comments are made as to the similarity between the common intention constructive trust and proprietary estoppel, but there remains considerable confusion over the precise nature of this interrelationship. The constituent elements of each doctrine bear close comparison and, although their respective modes of operation remain distinct, they may lead to similar results.
The recent redefinition of the Pallant v Morgan equity provides an opportunity to probe once more the interrelationship between these doctrines. The Pallant v Morgan equity explores the operation of the Rochefoucauld v Boustead doctrine in the context of the joint acquisition of land and demonstrates the enforceability of express oral intention based upon a wider range of unconscionablity than the detriment based conduct which dominates both the common intention constructive trust and estoppel.
0261-3875
311-331
Nield, S.
fbdbe980-98c3-499d-9e9a-b4e9e65c7ddb
Nield, S.
fbdbe980-98c3-499d-9e9a-b4e9e65c7ddb

Nield, S. (2003) Constructive trusts and estoppel. Legal Studies, 23 (2), 311-331. (doi:10.1111/j.1748-121X.2003.tb00216.x).

Record type: Article

Abstract

Repeated comments are made as to the similarity between the common intention constructive trust and proprietary estoppel, but there remains considerable confusion over the precise nature of this interrelationship. The constituent elements of each doctrine bear close comparison and, although their respective modes of operation remain distinct, they may lead to similar results.
The recent redefinition of the Pallant v Morgan equity provides an opportunity to probe once more the interrelationship between these doctrines. The Pallant v Morgan equity explores the operation of the Rochefoucauld v Boustead doctrine in the context of the joint acquisition of land and demonstrates the enforceability of express oral intention based upon a wider range of unconscionablity than the detriment based conduct which dominates both the common intention constructive trust and estoppel.

This record has no associated files available for download.

More information

Published date: 2003

Identifiers

Local EPrints ID: 39041
URI: http://eprints.soton.ac.uk/id/eprint/39041
ISSN: 0261-3875
PURE UUID: dfa73370-9c68-4b0d-a4d7-2a56156e5c74
ORCID for S. Nield: ORCID iD orcid.org/0000-0003-3745-7242

Catalogue record

Date deposited: 20 Jun 2006
Last modified: 16 Mar 2024 02:44

Export record

Altmetrics

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×