Unconscionability and Personal Liability in Equity
Tjio, Hans
Citation: [1991] Sing JLS 76
The article deals with the area of constructive trusts which does not involve equitable interests commonly associated with the institution of trustee-beneficiary. It is suggested that the term constructive trusteeship, which is sometimes used to describe this area of the law, is a misnomer, and that the concern is with no more than a personal liability in equity. The view taken, in the light of recent cases, is that such liability only arises where there has been some form of unconscionability on the part of the wrongdoer. Liability is not strict nor does constructive notice suffice.