Philosophical Foundations of Proprietary Remedies

In the law of unjust enrichment, the question when a plaintiff should have access to proprietary remedies is one of the most controversial issues. This paper attempts to expose the philosophical and historical foundations of the most important category of proprietary remedies; namely, trusts arising by operation of law, including trusts over traceable proceeds. In so doing, it also explores the historical and philosophical foundations of all trusts, and emphasises the conceptual unity between constructive trusts and express trusts