Over recent years the precise circumstances that give rise to both resulting and constructive trusts
have been the subject of intense academic debate and controversy.
His Honour would have been prepared to make a declaration that the deceased's estate held a three quarter interest in the property on a constructive trust
for the plaintiff.
Justice Gillese imposed a constructive trust
over the sale proceeds, but did so with little analysis of the bases on which constructive trusts
may be awarded for breach of fiduciary duty.
In some jurisdictions, particularly in North America, there are cases where the court can exercise its discretion to impose constructive trusts
to reverse or prevent unjust enrichment.
While not without its controversies, in many English speaking locales the Constructive Trust
Doctrine is now a useful tool for those who seek to prevent the dispersal of corrupt funds and recover the proceeds of corrupt activities, such as bribery.
quoting RESTATEMENT (FIRST) OF RESTITUTION" QUASI CONTRACTS & CONSTRUCTIVE TRUSTS
[section] 184 cmt.
Jefferson Powell, "Cardozo's Foot:" The Chancellor's Conscience and Constructive Trusts
, 56 LAW & CONTEMP.
APPLYING STATUTORY CONSTRUCTIVE TRUSTS
TO ERISA-GOVERNED EMPLOYEE BENEFIT PLANS ENSURES AN EQUITABLE RESULT A.
The minority rule plus the use of constructive trusts
under state law prevents unfair results and has additional advantages.
are established to prevent unjust enrichment of one party at the expense of another.
100) Judge Batchelder then provides a radical theory of constructive trusts
they do not arise until a judicial decree declaring the trust arises:(101)
And private attorneys general who are seeking constructive trusts
and corrective advertising are trusts plaintiff.
The first (overseen by Professor Seavey) reflected, roughly, the area formerly analysed as quasi contract (but with enlargements into areas originating in tort or equity), while the second (overseen by Professor Scott) comprised an area consisting largely of constructive trusts
, resulting trusts, tracing and some equitable defences (material that was consciously carved out of the Restatement of the Law of Trusts, (44) a point to which I will return).
Topics cover trusts and their creation, secret trusts, attributes, the law of charities, resulting and constructive trusts
, the law of tracing, breach, and the powers and duties of the trustee.
The distinction between resulting trusts and constructive trusts
appears to be waning, and courts are simply declaring a trust to be in existence.