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Unconscionability in modern trust law

Unconscionability in modern trust law

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2018) Unconscionability in modern trust law. Trusts & Trustees, 24 (9). pp. 842-848. ISSN 1363-1780 (Print), 1752-2110 (Online) (doi:https://doi.org/10.1093/tandt/tty141)

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Abstract

This article seeks to examine the extent to which a unified concept of unconscionability can be used to rationalise related doctrines of equity, in particular, in the areas of: (i) imperfect transfers of property; (ii) proprietary estoppel; (iii) joint venture arrangements; (iv) secret trusts; (v) mutual wills; and (vi) knowing receipt liability. The conclusion is that such a process of conceptualization may provide a principled doctrinal basis for equity’s intervention that has already begun to find favour in the English courts.

Item Type: Article
Uncontrolled Keywords: equity, unified concept, imperfect transfers, proprietary estoppel, joint venture agreements, secret trusts, mutual wills, knowing receipt, universal doctrine
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 12 Nov 2018 10:40
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/22119

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