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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.
Binions v Evans [1972] EWCA Civ 6 is an English land law and English trusts law case, concerning a constructive trust of land (a home) which will often be irrevocable whilst the occupier is in occupation as opposed to a licence to occupy — and/or a tenancy at will which is similar save that without transfer of the underlying property it can be revoked without cause.
Carnwath J approved the "floating trust" analogy, first proposed by Dixon J in Birmingham v Renfrew [1937] CLR, which holds that the law will give effect to the intention (to create a mutually binding will) by imposing a floating trust which becomes irrevocable after the death of the first testator and crystallises after the death of the survivor.
Grant v Edwards was an English Court of Appeal case on common intention constructive trusts.. It applied the decision in Eves v Eves [1975] and widened its effect to a 50% share in many future contributory common intention constructive trusts, where also an express intention is shown to have put the house into joint names, never fulfilled.
United States trust law is the body of law that regulates the legal instrument for holding wealth known as a trust.. Most of the law regulating the creation and administration of trusts in the United States is now statutory at the state level.
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 ...
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 ...
A bona fide purchaser (BFP) – referred to more completely as a bona fide purchaser for value without notice – is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property.