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Rochefoucauld v Boustead (1897)

Liew, YK; (2012) Rochefoucauld v Boustead (1897). In: Mitchell, P and Mitchell, C, (eds.) Landmark Cases in Equity. (pp. 423-452). Hart Publishing: Oxford, UK. Green open access

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Abstract

Contrary to recent claims, the trust which was enforced in Rochefoucauld v Boustead was clearly a constructive trust, since none of the parties involved was capable of declaring an express trust. The case gave rise to a constructive trust which responded to the elements of intention and reliance, consistent with other categories of constructive trusts. The ‘disapplication thesis’, which favours the view that the doctrine ‘disapplies’ section 53(1)(b) to allow the enforcement of the oral express trust, is unworkable. The doctrine in Rochefoucauld entails that section 53(1)(b) renders an oral express trust unenforceable; instead, it enforces a constructive trust where the causative elements of intention and reliance are fulfilled on the facts. ‘Fraud’ is merely a description of the state of affairs which the constructive trust prevents – the transferee’s reneging on his undertaking through using the absolute form of the conveyance and section 53(1)(b) to deny the true nature of the conveyance.

Type: Book chapter
Title: Rochefoucauld v Boustead (1897)
ISBN-13: 9781849461542
Open access status: An open access version is available from UCL Discovery
Publisher version: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=978...
Language: English
Additional information: This is the author's accepted manuscript version of a book chapter published by Hart Publications, an imprint of Bloomsbury. Do not cite this material.
Keywords: Constructive trust, fraud, Rochefoucauld v Boustead
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1460199
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