Singapore: Remedialism and Remedial Constructive Trust

• Main Author: YIP, Man
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2014
• Subjects: Asian Studies; Commercial Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/1349; http://dx.doi.org/10.1093/tandt/ttu014
• Institution: Singapore Management University

Unlike English law, Singapore has always been receptive to the remedial constructive trust. The first part of the article unpacks the concept of ‘remedialism’ within constructive trusts under Singapore law. It argues that the institutional and remedial dichotomy is only one way to understand ‘remedialism’ within constructive trusts; some institutional constructive trusts in fact display strong ‘remedial’ attributes. The second and third parts of the article, which form its principal focus, examine Singapore’s model of remedial constructive trust (as opposed to an institutional constructive trust) as established in three recent decisions. The discussion highlights that the Singapore remedial constructive trust is uncertain in both scope and operation.