Common law equity essay

It is essential to remember that the beneficiary’s interest is not a right to the trust, rather it ‘relates to the rights which the trustee holds’ (page 7). This understanding of the nature of the beneficiary’s interest has attracted much academic support (A Burrows The Law of Restitution (3rd edn); R Chambers "Constructive Trusts in Canada" (1999) Alberta L Rev 173; L Smith, "Unravelling Proprietary Restitution" (2004) 40 CBLJ 317; B McFarlane and R Stevens "The Nature of Equitable Property" (2010) 4 Journal of Equity 1). But the Court of Appeal treated the beneficiary as having a right in relation to the trust asset itself in Shell.

Common law equity essay

common law equity essay

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