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"And the remedy is what we call a constructive trust."
It may sound like a constructive trust at first, but it is not.
The second main way to acquire rights in land is through resulting or constructive trust, recognised by the court.
The bribe shall be held in constructive trust for the principal.
In this case, he believed the imposition of a constructive trust was justified.
A constructive trust is imposed by the law as an "equitable remedy."
This means that the interest takes effect under a constructive trust, in turn leading to protection for actual occupants.
Therefore, the bribe is held on constructive trust for the principal, the only innocent party.
Finally, the court addressed the plaintiff's argument that a constructive trust be imposed.
The court held that, even if there was a constructive trust, such did not create an equitable interest in the brewery.
The remedy they obtained was a constructive trust over an insurance payout.
Pettkus with its new version of the constructive trust was soon adopted in Australia.
This is often referred to as a constructive trust or a resulting trust.
Constructive trusts arise in around eight circumstances, all different.
Another "more contentious" form of constructive trust is in a situation where the claimant has "done everything necessary".
The court held that this was a violation of fiduciary duty, and put the money on constructive trust.
The contract transfers the equitable interest from the original owner to the other party, which takes place through a constructive trust.
Proprietary estoppel is closely related to the doctrine of constructive trust.
The common intention constructive trust has been used by English courts to divide assets upon separation.
This approach has been overruled; the bribe is now classified as a constructive trust.
Constructive trusts are removed from the operation of this section by section 53(2).
A constructive trust is, essentially, a legal fiction.
In a constructive trust the defendant breaches a duty owed to the plaintiff.
The judicial remedy here will be that X holds both the contract and the money in a constructive trust for the duo.