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Constructive trust

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Constructive Trust A relationship that arises when someone has wrongfully obtained title to or possession of assets and has a legal duty to deliver them to the rightful owner.

 


Constructive Trust definition:
A trust which a court declares or imposes onto participants in very specific circumstances such as those giving rise to an action for unjust enrichment, ...

constructive trust
n. when a person has title to property and/or takes possession of it under circumstances in which he/she is holding it for another, even though there is no formal trust document or agreement.

Constructive trust
Definition
1 : an implied trust imposed by a court to prevent the unjust enrichment of one who has wrongfully obtained (as through fraud or bad faith) title to the property or a property interest of another ...

Constructive Trust
A constructive trust is a trust created by a court as an equitable remedy.

Constructive Trust A type of trust that may arise where one person contributes to the worth of another person's property.

Similar to a constructive trust but for resulting trusts, the court presumes an intention to create a trust; ...

It is similar to a constructive trust but the court will presume an intention to create a trust. The court will assume that the possessor of property is only holding it in trust for the rightful owner.

The legal theory behind unjust enrichment is the constructive trust, which the court imposes upon the circumstances to hold the person unjustly enriched as the trustee for the person who should properly get the property back, ...

Specific performance
Account of profits
Constructive trust
Injunction Â- Restitution
Rescission Â- Rectification
Tracing Â- Declaratory relief ...

Resulting, implied or constructive trusts, are those which arise in cases where it would be contrary to the principles of equity that be in whom the property becomes vested, should hold it otherwise than as a trustee. 2 Atk. 150.

They are to be contrasted with trusts which come to being through the operation of the law and which do not result from the clear intent or decision of any settlor to create a trust (eg. constructive trust).
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constructive trust). Expunge To physically erase; to white or strike out. To "expunge" something from a court record means to remove every reference to it from the court file.

See also: Property, Constructive, Trust, Court, Action

Law Constructive fraudConsult

 
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