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Vanderbilt Law Review

Article Title

Restitution in England

Authors

R. H. Maudsley

First Page

1123

Abstract

So long as a constructive trust will be imposed whenever it is necessary to prevent unjust enrichment, the terminological question is unimportant. If a situation requires a trustee's duties to be imposed upon a constructive trustee, the English court will do that. It may be that this will be a trust which the "beneficiary" can terminate by demanding the property and in that situation the two views of the constructive trust coalesce. If the problem is one of tracing it into a mixed fund by claiming a proportionate share of the fund or of the property purchased with it, then there is a need for the development in England of more advanced remedies than those put forward in a simpler context over eighty years ago in In re Hallett's Estate.

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