Contructive Trusts

Question 1

What is a constructive trust?

Answer 1

An equitable remedy to prevent unjust enrichment. Equity turns the holder of legal title into a truce when he may not in good conscience retain the beneficial interest in the property.

Question 2

In order to get a constructive trust, you must be able to

Answer 2

identify particular property as the trust res. the mere proof that a defendant has been guilty of wrongdoing against the P and that the D has assets that could be used to satisfy the P’s claim is not sufficient basis for imposing a constructive trust.

Question 3

Common grounds for constructive trusts?

Answer 3

Fraud
abuse of confidential relationship
promises made in contemplation of death