Title

Unauthorised fiduciary gains and the constructive trust

Publication Type

Journal Article

Publication Date

12-2016

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.

Keywords

Constructive trust, Disgorgement, Restitution, Fiduciary, No-profit rule

Discipline

Commercial Law | Contracts | Property Law and Real Estate

Research Areas

School of Law (SOL)

Publication

Singapore Academy of Law Journal

Volume

28

First Page

1014

Last Page

1051

ISSN

0218-2009

Publisher

Singapore Academy of Law

Additional URL

http://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal-Special-Issue/Current-Issue/ctl/eFirstSALPDFJournalView/mid/503/ArticleId/1180/Citation/JournalsOnlinePDF