Section 28 Constructive Trusts

• Library: Remedies 2006

Although some confusion has been evident in definition and constitutent elements of a constructive trust, “(t)hey are not technical trusts and in imposing or declaring a constructive trust a court of equity merely uses the machinery of a trust to prevent fraud or provide a remedy in cases of fraud, actual or constructive, by making the person who has wrongfully acquired property, or has acquired property under such circumstances as make it inequitable for him to retain it, a trustee for the person...