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Essay / Research Paper Abstract
This 3 page paper considers the case of bank robber and the way the bank can recover the money using trust law. The robber has spent some, given some to a girlfriend and invested some in the stock market though a stockbroker. The bibliography cites 2 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TErobmoney.rtf
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Unformatted sample text from the term paper:
the rest was given to a stockbroker to purchase shares and used for living expenses. There is ?5,00 left in the girlfriends account and the rest of the money from
the robbery has gone. The bank wish to consider their position in terms of recovering their money from Nick. This is a case of theft, there is little to
doubt that, but Nick no long has the property he has stolen, and under common law this places the bank in a difficult position. However it has also been
argued by Lord Browen-Wilkinson in the case of Westdeutsche Landesbank Girozentrale v. Islington L.B.C [1996] A.C. 669, 715-715 (Fox, 2005), that when money is taken the thief may be seen
as making themselves a constructive trustee to the victim, the victim in this case is the bank that has been robbed (Fox, 02005).
This is an interesting way of dealing with the issue as it is a clear and easy to read attempt to get around the problem that a victim,
where they are the legal and undivided beneficial owner of property is not able to rely on the tracing rules in order to help them recover their own property (Fox,
02005). The situation is one where the victim would usually have to rely on the common law rules that govern the identification of property (Fox, 02005). The difficulty with
these rules is that they encompass the following principles for the most part, making it impossible to trace the money through a serious of changes where assets replace the original
asset, this can be discussed with reference to the case of Foskett v McKeown (2001) and Boscawen v Bajwa (1995). This has been an interesting way around the difficulties in
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