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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.
A constructive trust is a trust the courts impose whenever the defendant knows that he has dealt with property in an "unconscionable manner", such as stealing it, possessing it via fraud, and accepting a bribe while in occupation of a fiduciary office. [2]
A constructive trust is imposed by the law as an "equitable remedy". This generally occurs due to some wrongdoing, where the wrongdoer has acquired legal title to some property and cannot in good conscience be allowed to benefit from it. A constructive trust is, essentially, a legal fiction. For example, a court of equity recognizing a ...
Constructive trust, resulting trust, equity Hussey v Palmer [1972] EWCA Civ 1 is an English trusts law case of the Court of Appeal . It concerned the equitable remedy of constructive trusts .
Pennington v Waine [2002] EWCA Civ 227 is an English trusts law case, concerning the requirements for a trust to be properly constituted, and the operation of constructive trusts. The case represents an equitable exception to the need for a complete transfer of property in law.
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 ...
Unjust enrichment is seen to underlie a final group of constructive trust cases, although this remains controversial. In Chase Manhattan Bank NA v Israel-British Bank (London) Ltd [201] Goulding J held that a bank that mistakenly paid money to another bank had a claim to the money back under a constructive trust. Mistake would typically be seen ...
constructive trust, family home, equity, cohabitation 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 ...