Constructive Trust

Constructive Trust definition

/kənˈstrʌktɪv/ /trʌst/

What does Constructive Trust mean?

Where equity intervenes to prevent a legal owner from unconscionably denying the beneficial interest of another (known as an institutional constructive trust)—eg where there was a common intention that both parties should acquire a beneficial interest, and one party acts to their detriment in that belief.

Constructive Trust explained

A constructive trust can also arise where equity intervenes to provide relief against fraud by making the fraudsters accountable as if they were trustees (known as a remedial constructive trust). Constructive trusts are not required to be evidenced in writing. They arise through operation of law, irrespective of the parties' intentions.

Variances

Institutional Constructive Trust
Remedial Constructive Trust

Related documents:

Glossary terms:

Jump to letter down arrow icon
#
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Related documents:

Glossary terms:

Jump to letter down arrow icon
#
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Popular documents