Lecture notes, lecture 'resulting and constructive trusts' Resulting Constructive Trusts What

From the Latin resultare (meaning to spring back), a resulting trust is created automatically when certain circumstances occur. A resulting trust differs from a constructive trust in that it gives effect to the presumed intention of the parties, rather than their express intentions. Sometimes it is very important to establish the existence of a resulting trust, particularly in relation to.. A resulting, implied or constructive trust - and it is unnecessary for present purposes to distinguish between these three classes of trust - is created whenever the trustee has so conducted himself that it would be inequitable to deny the cestui que trust a beneficial interest in the land acquired. And he will be held so to have conducted.

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Lecture notes, lecture 'resulting and constructive trusts' Resulting Constructive Trusts What

People often ask if there is a difference between a Resulting Trust vs. Constructive Trust. Both Trusts are examples of implied Trusts, which are created through an act of law after a case has been presented. A Constructive Trust is used as a civil remedy, a tool that enables the plaintiff to recover their property or damages from the defendant.. The most common example of a constructive trust is a breach of fiduciary duty. A fiduciary duty is the obligation of one party to act in the best interests of the other party. For instance, an attorney has a fiduciary duty to act in the best interests of his client. The breach of fiduciary duty comes when the attorney acts in a way that.