C/L/19. Problem question on fiduciary duties; resulting and constructive trusts; informal trusts to land.

As can be seem from the title this essay is a long answer to the problem in question. The first essay evaluates, through application of the relevant case law, whether there had been a breach of fiduciary duty on the part of one party who contrary to the provisions of the contract had decided to sell the product to someone else. It also examines the nature of the relationship and what are the available remedies for breach of fiduciary duty. The second answer examines whether there had been any trust (resulting or constructive) created between the parties in question. This is important for the answer as only after it will be established that there was a trust will it be possible to say whether the person in question has to keep or return the goods to the customer. The third answer deals with the problem of common intention constructive trusts in relation to registered land under the Land Registration Act 2002.