Description

Constructive trusts occupy a unique position in common law. Arising by operation of law, they represent one of equity’s most powerful tools in resolving property disputes. At the same time, their incremental development in case law has led to significant doctrinal uncertainty. Courts struggle with fundamental questions, including: what precisely are constructive trusts; when should they arise; why do they arise; what role should judicial discretion play?

Drawing on developments in Singapore, England, and Australia, this lecture addresses the confusion that has arisen in this area of law, including: the roles and rationales of constructive trusts, their relationship with rights and remedies, the relevance of judicial discretion, and the complex choice of law issues they create in cross-border disputes. Rather than accepting constructive trusts as inherently messy, we will explore how certain analytical frameworks can bring much needed clarity to this field. By approaching the law systematically, we can better understand not just when constructive trusts arise, but why they serve essential functions within modern legal systems — which is critical for the law is to develop in a coherent manner.