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See searches and references containing CONSTRUCTIVE TRUST!CONSTRUCTIVE TRUST
Type of legal remedy
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
Constructive_trust
Three-party fiduciary relationship
also said to be two forms of constructive trust, the institutional constructive trust and the remedial constructive trust. The latter is an "equitable
Trust_(law)
Creation and protection of asset funds
beneficiaries. Beyond these expressly created trusts, English law recognises resulting and constructive trusts, which are imposed by the operation of law
English_trust_law
Person who holds a legal or ethical relationship of trust
held on constructive trust for the principal, the only innocent party. Bribes were initially considered not to be held on constructive trust, but rather
Fiduciary
Trust to trace lent money
classification of Quistclose trusts in existing trusts law: whether they are resulting trusts, express trusts, constructive trusts or, as Lord Millett said
Quistclose trusts in English law
Quistclose_trusts_in_English_law
Trust in which the beneficiaries and their entitlements are not fixed
Discretionary trusts can only arise as express trusts. It is not possible for a constructive trust or a resulting trust to arise as a discretionary trust. Discretionary
Discretionary_trust
A remedial constructive trust is a type of constructive trust recognised in Australia, Ireland, New Zealand, Canada and the United States, which allows
Remedial_constructive_trust
Set of legal principles supplementing but distinct from the Common Law
resulting trust, a constructive trust does not give effect to the imputed/presumed intention of the parties. In the United States, a trust can be set
Equity_(law)
Legal remedy taking away a benefit wrongfully obtained
property. Remedy for unjust enrichment is frequently an imposition of constructive trust over the property unjustly retained. The Restatement (Third) of Restitution
Restitution and unjust enrichment
Restitution_and_unjust_enrichment
Form of trust created by the English law courts
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
Constructive trusts in English law
Constructive_trusts_in_English_law
Element of trust law
settlor." There are two types of implied trust: Resulting trust Constructive trust Scott Atkins. Equity and Trusts (1st ed.). Routledge. p. 35. v t e
Implied_trust
Person who authorizes an agent to create legal relationships with a third party
entitled to the principal, the principal can ask the court to deem it a constructive trust—that the agent is holding the property on behalf of the principal
Principal_(commercial_law)
Legal process
(or a resulting trust) an equitable charge over the property an account of profits, secured by an equitable lien a constructive trust Macmillan Inc v
Tracing_(law)
Legal doctrine whereby a person is entitled to enforce the rights of another
effect the subrogation remedy by way of equitable lien, charge, or a constructive trust with a liability to account. Crucially, the claimant's rights are
Subrogation
Vacation of a property by a tenant due to actions, or inaction, by the landlord
Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that
Constructive_eviction
Concept in law
rectification equitable estoppel certain proprietary remedies, such as constructive trusts subrogation in very specific circumstances, an equitable lien. equitable
Equitable_remedy
Trust that comes into force after death
thus constructive; if the more modern view is correct, the trusts exist without the court's permission, and are express trusts. However, a secret trust does
Secret_trusts_in_English_law
Court-enforced rights or penalties
ascertainment of the defendant's profits is important. Constructive trust Constructive trust is enforced in situations where the possession of a property
Legal_remedy
Legal concept regarding termination of employment
In employment law, constructive dismissal occurs when an employee resigns due to the employer creating a hostile work environment. This often serves as
Constructive_dismissal
Supreme Court of Canada case
Supreme Court of Canada. The Court established a new formulation of the constructive trust as a remedy for unjust enrichment based on the ideas of Professor
Pettkus_v_Becker
Leading English property law case
departing from Lloyds Bank plc v Rosset, when deciding whether a constructive trust existed, ... indirect contributions, such as making improvements which
Stack_v_Dowden
Law of real property in England and Wales
rights should be created. The law acknowledges a "resulting" or "constructive trust" over the property. These interests, and leases under 7 years length
English_land_law
to that effect, and the work Mrs Rosset did was not enough for a constructive trust. The court also held, obiter, the date to determine whether Mrs Rosset
Lloyds_Bank_plc_v_Rosset
Preventive judicial device in common law
Provisions) Act 1989) to be void. A claim for the imposition of a constructive trust to provide a remedy for a disappointed expectation engendered by a
Estoppel
English legal case
intention to reflect what is conscionable underlies all resulting and constructive trusts. The decision was arguably the most significant of all of the local
Westdeutsche Landesbank Girozentrale v Islington LBC
Westdeutsche_Landesbank_Girozentrale_v_Islington_LBC
Irrevocable trust established for charitable purposes
A charitable trust is an irrevocable trust established for charitable purposes. In some jurisdictions, it is a more specific term than "charitable organization"
Charitable_trust
Legal and public disputes between a software company and Linux vendors and users
affirmed the summary judgment, and added interest payments and a constructive trust. On August 24, 2009, the U.S. Court of Appeals for the Tenth Circuit
SCO–Linux_disputes
1993 Privy Council trust law case
accepted by a person in a position of trust, can be traced into any property bought and is held on constructive trust for the beneficiary. After a period
Attorney General for Hong Kong v Reid
Attorney_General_for_Hong_Kong_v_Reid
Supreme Court of Canada case
of pension protection to affect any question of the existence of a constructive trust (in contrast to the Supreme Court's recent ruling in Century Services)
Sun Indalex Finance, LLC v United Steelworkers
Sun_Indalex_Finance,_LLC_v_United_Steelworkers
Type of legal trust
A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to a volunteer (i.e. someone who does
Resulting_trust
English land law case
promise (such as would be necessary for proprietary estoppel or for a constructive trust), overturning a £2m award on the basis of a possible lien arising
Cobbe v Yeoman's Row Management Ltd
Cobbe_v_Yeoman's_Row_Management_Ltd
constructive contracts, constructive trusts, constructive fraud, constructive intent, constructive possession, and constructive anything else the law chooses
Constructive_treason
Historical development of Chancery jurisdiction and trusts
of the latter. This was analogous to the modern Vendor-Purchaser Constructive Trust. The 1536 statute meant, that these Uses were executed immediately
History_of_equity_and_trusts
Fact assumed for the purpose of a legal rule
physically in someone's possession. Constructive Trust - Used by courts as a remedy for unjust enrichment, constructive trust is a trusteeship created by the
Legal_fiction
English trusts law case (1948)
Bannister v Bannister [1948] 2 All ER 133 is an English trusts law case, upholding a constructive trust of land against a relative who took title to the land
Bannister_v_Bannister
liable for a breach of trust or fiduciary duty. It is sufficient if the trust in question is a resulting trust or constructive trust. Previously, it was
Dishonest_assistance
sometimes to distinguish it from implied trusts (such as some constructive trusts and some resulting trusts) in which the trustee does not have express
Fiduciary_trust
Concept in common law legal systems
deed to still be binding on future purchasers, through the doctrine of constructive notice. However, the UK Parliament has weakened the impact of this rule
Equitable_interest
Judgement of the High Court of Australia
The case was part of a trend of High Court decisions to impose a constructive trust where it would be unconscionable for a legal owner of property to
Muschinski_v_Dodds
Common law term in property law
not be bound by equitable interests of which they do not have actual, constructive, or imputed notice, as long as they have made "such inspections as ought
Bona_fide_purchaser
Value of a person's assets minus their liabilities
the complex system of future interests (q.v.) which allows concepts of trusts and estates to elide into actuarial science through the use of life contingencies
Estate_(law)
Judgement of the High Court of Australia
legal doctrines relating to equity, property, unjust enrichment, and constructive trusts, as well as the doctrine of precedent as it applies in Australia
Farah Constructions Pty Ltd v Say-Dee Pty Ltd
Farah_Constructions_Pty_Ltd_v_Say-Dee_Pty_Ltd
Supreme Court of Canada case
the Court did not need to examine intent in order to find a trust; rather a constructive trust based in equity could be found. Laskin's dissent proved to
Murdoch_v_Murdoch
Property which can be moved from one location to another
secured with a similar kind of device, variously called a chattel mortgage, a trust receipt, or a security interest. In the United States, Article 9 of the
Personal_property
Florida Court of Appeal decision
First District Court of Appeal that addresses the application of constructive trusts as an equitable remedy in probate disputes. The court's ruling clarified
Barrow_v._Barrow
a trust deed) (also called an inter vivos trust), as a result of a testamentary trust or as a result of the operation of law as a constructive trust or
Australian_trust_law
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Equitable_conversion
Supreme Court of Canada case
Court of Appeal affirmed the trial judge's ruling, also noting that a constructive trust was an appropriate remedy for both the breach of confidence and fiduciary
Lac Minerals Ltd v International Corona Resources Ltd
Lac_Minerals_Ltd_v_International_Corona_Resources_Ltd
Legal terms in property law
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Ingress,_egress,_and_regress
Antigua and Barbuda that became important for English land law and constructive trusts. The case involved a married couple disputing their respective ownership
Abbott_v_Abbott
Legal concept
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Straw_man_(law)
Trust which allows the beneficiary access to assets without legally owning them
In trust law, an asset-protection trust is any form of trust which provides for funds to be held on a discretionary basis. Such trusts are set up in an
Asset-protection_trust
Trusts created where property is not properly disposed of
resulting trusts was discussed by the Privy Council, in Air Jamaica v Charlton, where Lord Millet said that "Like a constructive trust, a resulting trust arises
Resulting trusts in English law
Resulting_trusts_in_English_law
Land, including its buildings and resources
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Real_estate
Legal order to stop specific acts
defamed by family members in a dispute over a multimillion-pound family trust obtained anonymity for himself and for his relatives. Roy Greenslade credits
Injunction
an English trusts law case, concerning the requirements for a trust to be properly constituted, and the operation of constructive trusts. The case represents
Pennington_v_Waine
Equitable remedy in contract law
fide purchaser Clean hands Equitable remedies Account of profits Constructive trust Declaratory relief Injunction Rectification Rescission Specific performance
Specific_performance
relationship property is held in a constructive trust. Irving, Rebecca (1999). Student Companion, Equity - Trusts and Wills (2nd ed.). Butterworths. ISBN 0-408-71557-X
Oliver_v_Bradley
Damages assessed in order to punish the defendant for outrageous conduct
Statutory damages Equitable remedies Injunction Specific performance Constructive trust Account of profits Rescission Rectification Subrogation Related issues
Punitive_damages
Common mode of ownership of real property
doctrine helping them is the bona fide purchaser without actual nor constructive notice doctrine. This is however subject to all of the prudent surveyors
Freehold_(law)
reflect the agreement. Mutual wills are rare, and often another form of constructive trust is imposed (See Healey v Browne [2002] 2 WTLR 849). It is also noted
Joint_wills_and_mutual_wills
Principles that govern the operation of equity within English law
popular in the common law courts as well as those of equity. The law of trusts, for example, was developed in the chancery courts on the basis that equity
Maxims_of_equity
Type of equitable remedy in law
the fiduciary (the approach in Boardman v Phipps). Tracing (law) Constructive trust Garner, Bryan A., ed. (1999). Black's Law Dictionary (7th ed.). West
Account_of_profits
State election in Germany
reach the necessary majority, the Left – which positioned itself as "constructive opposition" – provided some of the votes in favor. With the early 2026
Next Thuringian state election
Next_Thuringian_state_election
Form of trust in English common law
century onwards by common recovery; the modern form, based on evolving trust law from the seventeenth century onwards. This used strict settlement and
Fee_tail
Concept in English and Welsh property law
possession Future interests — interests in real or personal property, a gift or trust, or other things in which the privilege of possession or of enjoyment is
Estate_in_land
English legal case
[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
Binions_v_Evans
Legal concept
Statutory damages Equitable remedies Injunction Specific performance Constructive trust Account of profits Rescission Rectification Subrogation Related issues
Reparation_(legal)
Legal process for seizing assets
where he has been informed that those assets are imposed with a constructive trust in favour of someone other than the apparent owner. The freeze may
Asset_freezing
imposition of a constructive trust. It is best known for a quote from the leading opinion by Justice Cardozo. The constructive trust is the formula through
Beatty v. Guggenheim Exploration Co.
Beatty_v._Guggenheim_Exploration_Co.
v Eves [1975] EWCA Civ 3 is an English land law case, concerning constructive trusts of the family home. Mr Eves bought a home and kept the legal title
Eves_v_Eves
Renunciation or transfer of land rights
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Quitclaim
Person who entrusts their property for benefit of the beneficiary
formalities apply to express trusts only, and not to resulting, implied or constructive trusts. For a settlor to validly create a trust, in most common law legal
Settlor
Type of legal instrument in Common law
of the property, is called a wild deed. A wild deed does not provide constructive notice to later purchasers of the property, because subsequent bona fide
Deed
Law regulating a wealth-holding legal instrument
property to another party. This is often referred to as a constructive trust or a resulting trust. Again, such devices are generally rare and are created
United_States_trust_law
Right of a court to triple the amount of the actual/compensatory damages awarded
Statutory damages Equitable remedies Injunction Specific performance Constructive trust Account of profits Rescission Rectification Subrogation Related issues
Treble_damages
Legal term for compensation awarded for loss or injury
Statutory damages Equitable remedies Injunction Specific performance Constructive trust Account of profits Rescission Rectification Subrogation Related issues
Damages
Legal right to use something without altering it
and the usufruct is dissolved on death or at the end of a term of years. Trust and usufruct are distinct and subject to different rules. French law is
Usufruct
Murderer cannot inherit from their victim
manslaughter; 2) allowing victims to place the decedent's estate in constructive trust immediately from the time of the killing; and 3) allowing the victims
Slayer_rule
cited case in New Zealand regarding constructive trusts. Irving, Rebecca (1999). Student Companion, Equity - Trusts and Wills (2nd ed.). Butterworths.
Fortex Group Ltd (in Receivership and Liquidation) v MacIntosh
Fortex_Group_Ltd_(in_Receivership_and_Liquidation)_v_MacIntosh
Form of legal ownership for apartments
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Strata_title
Legal trust with no beneficiaries
A purpose trust is a type of trust which has no beneficiaries, but instead exists for advancing some non-charitable purpose of some kind. In most jurisdictions
Purpose_trust
Doctrine in contract law
Unconscionability is also an important element of the English law of trusts. A constructive trust arises, by operation of law, when the conscience of a legal owner
Unconscionability
(1990) 2 PRNZ 333 is a cited case in New Zealand case law regarding constructive trusts. In 1987, farmer William Gunn granted the Bank of New Zealand a security
Elders Pastoral Limited v Bank of New Zealand
Elders_Pastoral_Limited_v_Bank_of_New_Zealand
Form of freehold land ownership
property held in fee simple. Freehold (law), covering all types and mentioning trusts and most common, major, adverse interests. Freehold (Scots law) Allodial
Fee_simple
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Condop
concerning the beneficial entitlement to a co-owned family home under a constructive trust. The court ruled there was a 90:10 split of ownership in favour of
Jones_v_Kernott
1880 English trusts law case
option of choosing an equitable lien or a constructive trust in the case of a mixed fund. A constructive trust would allow a claim in the new asset in proportion
Re_Hallett's_Estate
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
Grant_v_Edwards
British Columbia (Council of Human Rights) Work-product doctrine Constructive trust Employment discrimination law in the United States Section 508 Amendment
Undue_hardship
Acquisition of property
transferring parties, such as in the establishment of fideicommissa (Roman trusts). The need for establishing ownership by means other than conveyance was
Usucaption
Concept of public international law
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Discovery_doctrine
widely-reported English land law and family law case, concerning cohabitants' constructive trusts and their quantification in a home's equity value. Mrs Elayne Oxley
Oxley_v_Hiscock
[1985] 2 NZLR 41 is a cited case regarding the general principles of constructive trusts. Aquamarine was in the business of selling boats, and sold a boat
Westpac Banking Corporation v Savin
Westpac_Banking_Corporation_v_Savin
Future interest that is retained by the grantor
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Reversion_(law)
Journalistic approach emphasising solutions, context and societal possibilities
engagement, trust and democratic participation by offering a fuller and more accurate portrayal of societal conditions. Systematic reviews show constructive approaches
Constructive_journalism
Something which a legal person can own but which has no physical substance
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Intangible_property
Doctrine in common law
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Estoppel_by_deed
Justice to those who have committed crimes
Statutory damages Equitable remedies Injunction Specific performance Constructive trust Account of profits Rescission Rectification Subrogation Related issues
Criminal_justice
Concept in political science
Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust Constructive trust Indigenous land rights Aboriginal
Right_of_conquest
travel, tourism, insurance
CONSTRUCTIVE TRUST
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