Legal Formality and Fraud


This article seeks to examine the current scope of the equitable principle that “equity will not allow a statute to be used as an instrument of fraud”. In particular, it examines the meaning of fraud in the context of oral trusts of land and the question whether the so-called rule in Rochefoucauld v Boustead [1897] 1 Ch. 196 can be applied legitimately in the enforcement of informal rights under a trust for the benefit of third parties.

Divisions: College of Business and Social Sciences > Aston Law School
Additional Information: Copyright © 2023 Thomson Reuters. This is a pre-copyedited, author-produced version of an article accepted for publication in Private Client Business following peer review. The definitive published version in P.C.B. 2023, 2, 60-65 is available online on Westlaw UK.
Uncontrolled Keywords: constructive trusts,express trusts,formalities,fraud,oral evidence,third parties,title to land
Publication ISSN: 0967-229X
Last Modified: 20 May 2024 07:42
Date Deposited: 23 Feb 2023 17:47
PURE Output Type: Article
Published Date: 2023-03-13
Accepted Date: 2023-01-20
Authors: Pawlowski, Mark
Brown, James (ORCID Profile 0000-0003-4014-6824)



Version: Accepted Version

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