Ying Khai Liew, ‘Making sense of agreement-based constructive trusts in the commercial context’

“In certain categories of case, a constructive trust arises to give effect to an agreement between two parties, A and B, that B will hold an interest in property in her name for another, despite the fact that the agreement is not enforceable as an express trust. One of those categories of case is the ‘common intention constructive trust’ (CICT) doctrine, most prominently developed by the House of Lords in Stack v Dowden, which typically arises to give effect to the parties’ express or implied common intention concerning how the beneficial interests in property purchased in the course of a close personal relationship are to be split …”

€ (Westlaw)

Ying Khai Liew, ‘Making sense of agreement-based constructive trusts in the commercial context’ [2022] 4 Journal of Business Law 330-356.

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