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Constructive Trusts - A New Model for Equity and Unjust Enrichment TOP

By Terence Etherton. [2008] CLJ 265. Considers the use of constructive trusts with relation to the commercial and domestic acquisition of land by joint enterprise. Discusses the distinction between remedial and institutional constructive trusts and the traditional approach adopted in domestic joint acquisition cases. Assesses the significance of the House of Lords decision in Stack v Dowden, arguing that by applying discretionary remedial proprietary relief based on unjust enrichment the decision establishes a new ground of restitution.
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