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Title: Once a Fraud, Forever a fraud: the Time-Honoured Doctrine of Parol Agreement Trusts
Authors: Allan, Gregory W.
First Published: 24-Jul-2013
Publisher: Wiley
Citation: Legal Studies, 2013, 34 (3), pp. 419-443 (24)
Abstract: This paper, through doctrinal analysis of the relevant case-law, examines the extent to which the prevention of fraud justifies equity's imposition of trusts that arise out of parol agreements. The authorities reveal that although there are a variety of circumstances in which equity will operate in such a manner, the nature of the fraud that prompts equity's intervention is always the same. Furthermore, it is argued that, since very early times, these trusts have been regarded as what are now best described as constructive trusts, and that all such trusts are enforced pursuant to a coherent doctrine of equity.
DOI Link: 10.1111/lest.12024
ISSN: 0261-3875
eISSN: 1748-121X
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2013 The Society of Legal Scholars. This is the peer reviewed version of the following article: Allan, G. (2014), Once a fraud, forever a fraud: the time-honoured doctrine of parol agreement trusts. Legal Studies, 34: 419–443. , which has been published in final form at doi: 10.1111/lest.12024. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.
Description: The file associated with this record is under a 24-month embargo from publication in accordance with the publisher's self-archiving policy, available at The full text may be available in the publisher links provided above.
Appears in Collections:Published Articles, School of Law

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