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United Kingdom
constructive trustformalitiesbeneficial interest
Staden v Jones
[2008] EWCA Civ 936; [2008] 2 FLR 1931
Key Principle
Where a person takes a transfer of property on the faith of an agreement or promise that the beneficial interest (or part of it) is to be held for, or ultimately passed to, a third party, equity imposes a constructive trust to prevent the transferee using the absolute form of the conveyance to defeat that beneficial interest, and that trust is enforceable by the intended beneficiary even though she was not party to the original arrangement.
Area of Law
General
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