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Constructive Trust - Coggle Diagram
Constructive Trust
Types
Institutional Constructive Trust
The function of the court is merely to declare that such a trust has arisen in the past.
Situations
a) where a stranger to the trust, not being a bona fi de purchaser for value without notice, is found in possession of trust property
Trustee De Son Tort
Knowing receipt or dealing
Knowing assistance
b) where a trustee makes some profit out of his trust
c) under a contract for the sale of land when the vendor is a constructive trustee for the purchaser until completion
d) Breach of fiduciary duty
e) Proceeds from bribes
f) Accessory liability
g) Recipient liability
h) Agreement to create trusts
i) Agreements for mutual wills
j) Agreement to dispose of property
Vendors Of Land
Conveyance of Fraud
Remedial Constructive Trust
No prior existence of trust under remedial CT
Assets in the hand of defendants and he is obliged to hold it for the benefit of others
Situations
Acquisition by Killing
Re DWS (deceased)
Co-habitees