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.

Preview

Text RvB.pdf Available under License : See the attached licence file. Download (336kB)

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.

Download activity - last month

Export as JSONCSVXML

Download activity - last 12 months

Export as JSONXMLCSV

Downloads by country - last 12 months

Export as XMLCSVJSON

Archive Staff Only

View Item