The emergence of the concept of unjust enrichment in New Zealand, its relationship to the remedial constructive trust and the development of the status of joint ventures in equity

About this item

Title

The emergence of the concept of unjust enrichment in New Zealand, its relationship to the remedial constructive trust and the development of the status of joint ventures in equity

Content partner

University of Waikato

Collection

ResearchCommons@Waikato

Description

From the 1970s onward there have been numerous attempts to persuade the courts of New Zealand that unjust enrichment might be an acceptable basis for imposing equitable remedies. The foundation for this proposition rests upon the supposed existence of a broad principle that the imposition of a constructive trust is justified in any circumstances where it would be against equity or good conscience to allow the retention of property by one who has an ostensible legal title. So the unjust enrich...

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Format

Research paper

Research format

Journal article

Date created

2008

Creator

Tappenden, Sue

URL

https://hdl.handle.net/10289/3319

Related subjects

restitution / constructive / trust / unjust / enrichment / equitable / remedial / commercial

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This article has been published in the Journal of Politics and Law. Used with permission.

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