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9 Choice of Law for Unjust Enrichment, Equitable Obligations, and Trusts

Adeline Chong, Man Yip

From: Singapore Private International Law: Commercial Issues and Practice

Adeline Chong, Yip Man

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

Subject(s):
Equitable obligations — Restitution — Unjust enrichment — Trusts

This chapter explores the choice of law rules for three legal categories: unjust enrichment, equitable obligations and trusts. Under Singapore domestic law, restitution is recognised as an umbrella topic where different causes of action may give rise to a restitutionary remedy, which is assessed with reference to the defendant’s gain. The Singapore Court of Appeal accepted a two-fold classification of the subject revolving around restitution for unjust enrichment and restitution for wrongs. According to some scholars, the third branch of the law of restitution is proprietary restitution which involves situations where the claimant seeks a proprietary remedy, such as where it is alleged that property is impressed with a resulting or constructive trust. The chapter then elaborates on the choice of law rules for trusts, including the inter vivos express trusts. It also considers the choice of law rule for equitable obligations such as breach of fiduciary duties.

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