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Title: Ceylon Coffee, the Comtesse and the Consignee: A Historical Reappraisal of Rochefoucauld v Boustead
Authors: Allan, Gregory W.
First Published: 27-Feb-2015
Publisher: Taylor & Francis (Routledge): SSH Titles
Citation: Journal of Legal History, 2015, 36 (1), pp. 43-82 (39)
Abstract: This paper examines the Court of Appeal judgment of Rochefoucauld v Boustead [1897] 1 Ch. 196 through use of archive records, rarely cited law reports and nineteenth-century academic opinion. A full and hitherto untold account of the facts of the case is presented. It is revealed that the land which was the subject matter of the dispute was sold under the direction of the Ceylon District Court, and that the plaintiff was an accomplished individual who utilized various means to frustrate her former husband's attempts to obtain the land. The Court of Appeal's rulings that the defendant was a trustee of the land for the prevention of fraud, and that the trust was to be treated as an express trust, are also analysed with the aim of establishing how these issues were understood at the time of the judgment. It is argued that both of these aspects of the judgment were regarded as uncontroversial because there was a settled concept of equitable fraud, and because trusts imposed for the prevention of such fraud were an established category of trust in their own right, separate from express, resulting or constructive trusts.
DOI Link: 10.1080/01440365.2015.1007902
ISSN: 0144-0365
eISSN: 1744-0564
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2015, Taylor and Francis. This is an Accepted Manuscript of an article published by Taylor & Francis in The Journal of Legal History on 27 Feb 2015, available online: 10.1080/01440365.2015.1007902
Description: The file associated with this record is under an 18-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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