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Once a Fraud, Forever a fraud: the Time-Honoured Doctrine of Parol Agreement Trusts

journal contribution
posted on 13.10.2015, 08:22 by Gregory W. Allan
This paper, through doctrinal analysis of the relevant case-law, examines the extent to which the prevention of fraud justifies equity's imposition of trusts that arise out of parol agreements. The authorities reveal that although there are a variety of circumstances in which equity will operate in such a manner, the nature of the fraud that prompts equity's intervention is always the same. Furthermore, it is argued that, since very early times, these trusts have been regarded as what are now best described as constructive trusts, and that all such trusts are enforced pursuant to a coherent doctrine of equity.

History

Citation

Legal Studies, 2013, 34 (3), pp. 419-443 (24)

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

AM (Accepted Manuscript)

Published in

Legal Studies

Publisher

Wiley

issn

0261-3875

eissn

1748-121X

Acceptance date

26/04/2013

Copyright date

2013

Available date

14/10/2015

Publisher version

http://onlinelibrary.wiley.com/doi/10.1111/lest.12024/abstract

Notes

The file associated with this record is under a 24-month embargo from publication in accordance with the publisher's self-archiving policy, available at http://olabout.wiley.com/WileyCDA/Section/id-820227.html. The full text may be available in the publisher links provided above.

Language

en

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