The Constructive Trust and the Recovery of Advance Payments
This article considers the interface between personal rights and proprietary rights. It critically examines a number of cases and academic writings that consider whether a mistaken payment should result in a personal right of recovery only (ie ability to sue the recipient) or justify the court to recognise that the recipient holds the payment on trust for the payer.
Publisher: Thomson Reuters
Keywords: Property law; Trust law; Advance payments; New Zealand
Research Type: Journal Article