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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.
I find this a surprising conclusion since the New York law of constructive trusts has for a long time been influenced by the concept of a remedial constructive trust, whereas hitherto English law has for the most part only recognised an institutional constructive trust: see Metall & Rohstoff v Donaldson Inc [1990] 1 QB 391, 478-480. In the ...
The leading case is Westdeutsche Landesbank Girozentrale v Islington LBC, [28] where Lord Browne-Wilkinson declared that a constructive trust would be created when the recipient of the funds became aware of the mistaken transfer. As such, ignorance of the mistake would not create a fiduciary relationship, therefore not a trust, and the property ...
Constructive trusts, under Section 53(2) of the Law of Property Act 1925, do not require any particular formalities on creation, unlike express trusts. For them to be valid, however, the defendant (or "trustee" of the constructive trust) must know that he has dealt with property in an "unconscionable manner".
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 It may no longer represent good law, since the decisions of Stack v Dowden and Jones v Kernott .
A remedial constructive trust is a type of constructive trust recognised in Australia, Ireland, New Zealand, Canada and the United States, which allows courts to give a discretionary property remedy for breaches of certain obligations, or to acknowledge various rights.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Half-secret trusts are constructive trust, because their mention in wills makes fraud unlikely; they are instead in line with a constructive notice, e.g. the use of sealed document. [32] The House of Lords in Blackwell v Blackwell , [ 9 ] however, considered the half-secret trust to have the same basis as the fully secret trust.