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The imposition of a constructive trust requires: (1) the existence of res (property or some interest in property); (2) the right of the complaining party to that res; and (3) some wrongful acquisition or detention of the res by another party who is not entitled to it. See Burlesci v.

A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment, oppressive conduct or due to a breach of fiduciary duty.

Enforcement of a Constructive Trust The establishment of a constructive trust is typically imposed by a court of law. The court may choose to enforce this equitable remedy if the defendant would receive an unfair advantage if the trust is not imposed, or if the defendant has interfered with an existing trust.

A constructive trust is an extraordinary remedy, not a cause of action. Instead, a constructive trust is imposed based upon an established cause of action. One such cause of action is breach of fiduciary duty, often seen in probate and trust litigation.

A holds funds that he knows have been paid to him by mistake. A holds an asset that he has obtained by means of fraud. A and another person (B) share a common intention that B should have a beneficial interest in an asset, and B has acted to his detriment on the basis of that intention.

Constructive Trust

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