constructive trust

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Synonyms for constructive trust

a trust created by a court (regardless of the intent of the parties) to benefit a party that has been wrongfully deprived of its rights

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References in periodicals archive ?
In the period when the statute of frauds first came into effect, and continuing until the second half of the nineteenth century, rules of evidence barred interested parties from testifying in open court.
In England, the Statute of Frauds has been subject to further additions, deletions and statutory reform over the centuries.
The federal trial court granted the CGU insurers' motion, finding that the oral modification was subject to New York law and was unenforceable under New York's statute of frauds.
Agreements relating to loan trades are now "qualified financial contracts" (QFCs) and are therefore explicitly exempt from the New York statute of frauds.
The following discussion centers upon several key concepts, including the Statute of Frauds, delivery of communications, the parol evidence rule, and consideration.
Accordingly, it would appear that such electronic communications are in writing for the purpose of the Statute of Frauds and the Sale of Goods Acts.
This article discusses the applicability of the statute of frauds provision in the Uniform Commercial Code (WCC) to electronic business transactions and to related discovery and trial strategies.
Claims by Union based on alleged oral representations by Ernst were barred by the statute of frauds, which requires that a representation concerning the credit of a third person be in writing to be admissible as evidence.
Coverage includes such topics as the treatment of missing or uncertain contract terms; non-conforming acceptances, and modifications; how the UCC codifies the Statute of Frauds and the Parol Evidence Rule; express and implied warranties and disclaimers permissible responses by the buyer to a breach; anticipatory repudiation; the UCC's risk; allocation rules; and much more.
Hence, parties could create a contract to make a will by mere parol agreement, unless the subject matter of the contract brought it within the statute of frauds.
This casebook introducing the law of contracts to first-year law students opts for breadth of coverage over depth, sacrificing detailed analysis of certain subjects, but refusing to throw out important subjects such as the Statute of Frauds or third-party interest in contracts while still maintaining a reasonable length for a four-hour course as well as a relatively full presentation of judicial opinions.
not violative of the Statute of Frauds requiring a writing as the Listing broker is licensed in New York).
The Loan Syndications and Trading Association (the LSTA) announced today that it has begun two significant initiatives to address trade enforcement issues created by the New York State Statute of Frauds.
If answered in the affirmative, the plaintiffs would effectively avoid the statute of frauds requiring that credit agreements be in writing.