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In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.
Gissing v Gissing [1970] UKHL 3 is an English land law and trust law case dealing with constructive trusts arising in relationships between married couple. It may no longer represent good law, since the decisions of Stack v Dowden and Jones v Kernott.
Constructive trust; resulting trust; sole ownership of cohabited family home; secured business loan against family home; undue influence; wedding gifts and costs being equally shared Midland Bank plc v Cooke [1995] is an English land law case, concerning constructive trusts ; and at first instance (never appealed) proven undue influence in law ...
Chase Manhattan Bank NA v Israel-British Bank (London) Ltd [1981] Ch 105 is an English trusts law case, concerning constructive trusts.It held that a trust arose to protect a payment made under a mistake, with the benefit of a proprietary remedy.
Cohabitants, family home, unequal contributions; joint tenancy; no deed of trust or co-ownership; legal constructions; constructive trust Oxley v Hiscock [2004] EWCA 546 is a widely-reported English land law and family law case, concerning cohabitants' constructive trusts and their quantification in a home's equity value.
Underhill and Hayton, Law of Trusts and Trustees, 15th ed., pp. 569-370, whilst accepting that X is under no personal liability to account unless and until he becomes aware of B's rights, does describe X as being a constructive trustee. This may only be a question of semantics: on either footing, in the present case the local authority could ...
Constructive trusts in English law are a form of trust created by the English law courts primarily where the defendant has dealt with property in an "unconscionable manner"—but also in other circumstances. The property is held in "constructive trust" for the harmed party, obliging the defendant to look after it.
The law had settled in Lloyds Bank plc v Rosset [184] as requiring saying that (1) if an agreement had been made for both to share in the property, then a constructive trust would be imposed in favour of the person who was not registered, or (2) they had nevertheless made direct contributions to the purchase of the home or mortgage repayments ...