Articles Flashcards
Goode after Sinclair
Promotes fair administration of insolvency
Millett after Sinclair
Decision incorrect. Duty of feduciary to serve interests of P to exclusion of his own interests
Edmund Davies on constructive trusts
No clear and all embracing definition of CTs
Bhullar v Bhullar
Exploited commercial opportunity
Regal Hastings
Obliged to account for all benefit received
Keech v Sandford
Trustee takes advantage of beneficiaries opportunity
Boardman
Rules of equity have applied to great diversity of circumstances
Led by neuberger appeal from CA dismissed in FHR upholding CA decision to what?
Overhaul this entire area of law in order to provide a logical and coherent framework
Neuberger on FHR
Clarity and simplicity are highly desirable qualities in law
Millett on FHRs advantage to Sinclair
Sinclair reduced English law of constructive trusts to a state of incoherence
Lord templeman in Reid
Evil practice of bribery which threatens the principles of civilised society
Millett on principle of FHR
Moral basis of equity means bribe must be held on constructive trust as unconscionable not to
Virgo on principle of FHR
Excessive proprietary protection
FHR avoids what in this area of law
The undermining of trust in the commercial world
Millett conclusion
Only jurisdiction to feduciary to retain dishonest profit by exploiting the relationship.
