constructive trusts

Question 1

constructive trust

Answer 1

not a trust just preventing unjust enrichment

result - trnasfer the property to the intended beneficiary as determined by court

Question 2

how constructive trust arises

Answer 2

1. trustee of a private express truste or chartible trust makes profit at the expense of the beneficiary because of self dealidng
2. wills - fraud in the inducemenbt or undue influence
3. secret trusts in the law of wills - the will on its face makes a gift outright to A, but the gift is given on the basis of an oral promise by A to use the property for benefit of B (semi secret trust not make you dispose of but secret trust make you constructive trust that B)
4. oral real estate trust - basically ou transfer to A for B but deed doesn’t say you’re the trustee. How do you defeat SOF
   a. fiduciary relationship between S and A.
5. fraud in the inducement
   c. detrimental reliance -