NOUN
- 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
How To Use constructive trust In A Sentence
- If a representee does not elect to avoid a voidable contract, the representor is not a constructive trustee of property transferred under the contract, and no fiduciary relationship exists between him and the representee.
- Equity will intervene by way of constructive trust, not only to compel a defendant to restore the plaintiff's property to him, but also to require a defendant to disgorge property which he should have acquired, if at all, for the plaintiff.
- Further, the composition of liability as a constructive trustee is wider than a tracing order in equity.
- The claim to a trust is a claim to a remedial and not an institutional constructive trust and the limitation period is again 6 years.
- In reaching the conclusion that Banner had failed to establish a constructive trust over the shares in Stowhelm, the judge expressed ‘some regret because I consider that Banner was somewhat ill-used by Luff’.
- Tracing orders and declarations of constructive trust are common restitutionary orders where defaulting fiduciaries are required to account to their beneficiaries to ensure that they cannot profit from their gains.
