Article
Unauthorised fiduciary gains and the constructive trust
Singapore Academy of Law Journal
(2016)
Abstract
This article challenges the traditional assumption that all cases of unauthorised fiduciary gain warrant the same legal treatment, in particular the imposition of a constructive trust as a disgorgement remedy. It proposes a method of categorising the cases and ranking them based on the strength of the principal’s interest. It is suggested that in cases where the principal’s interest is not particularly strong, there is room for taking into account the interests of innocent third parties and affording them the necessary protection. For this purpose, the remedial constructive trust supplies the needed flexibility.
Disciplines
Publication Date
December 1, 2016
Citation Information
Alvin W-L See. "Unauthorised fiduciary gains and the constructive trust" Singapore Academy of Law Journal Vol. 28 (2016) p. 1014 - 1051 Available at: http://works.bepress.com/alvinsee/19/