About: Constructive trust   Sponge Permalink

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A constructive trust is an equitable remedy that compels the transfer of wrongfully held property to its rightful owner. A plaintiff seeking imposition of a constructive trust must show: (1) the existence of a res (property or some interest in property); (2) the right to that res; and (3) the wrongful acquisition or detention of the res by another party who is not entitled to it.

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  • Constructive trust
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  • A constructive trust is an equitable remedy that compels the transfer of wrongfully held property to its rightful owner. A plaintiff seeking imposition of a constructive trust must show: (1) the existence of a res (property or some interest in property); (2) the right to that res; and (3) the wrongful acquisition or detention of the res by another party who is not entitled to it.
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abstract
  • A constructive trust is an equitable remedy that compels the transfer of wrongfully held property to its rightful owner. A plaintiff seeking imposition of a constructive trust must show: (1) the existence of a res (property or some interest in property); (2) the right to that res; and (3) the wrongful acquisition or detention of the res by another party who is not entitled to it. In general, “[t]he beneficiary of the constructive trust is entitled to enhancement in value of the trust property.” This is so “not because [the beneficiary] has a substantive right to [the enhancement] but rather to prevent unjust enrichment of the wrongdoer-constructive trustee.”
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