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Simple English definitions for legal terms
constructive trust
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A quick definition of constructive trust:
A constructive trust is a legal way for a court to make sure that someone who got something they shouldn't have gives it back to the rightful owner. It's not a real trust like you might think of, but more like a pretend one that the court makes up. This happens when someone gets something unfairly, like by stealing or lying, and the court decides that it's not right for them to keep it. The court will order that person to give the thing back to the person who should have had it in the first place. This only happens when there's no other way to fix the problem.
A more thorough explanation:
A constructive trust is a legal remedy used to prevent unjust enrichment. It is not a traditional trust, but rather a trust created by a court's power over assets that a party cannot equitably keep. The court orders the person who would otherwise be unjustly enriched to transfer the property to the intended party.
There is no set formula for when a constructive trust will be created, but common themes include stolen property, property obtained through fraudulent means, or property mistakenly delivered to the wrong party. However, if another adequate remedy exists in law, a constructive trust will not be created.
Example 1: John steals $10,000 from his employer and uses the money to buy a car. The court may impose a constructive trust on the car, ordering John to transfer ownership to his employer.
Example 2: Sarah mistakenly receives a check for $5,000 that was intended for her neighbor. If Sarah refuses to return the money, the court may impose a constructive trust on the funds, ordering Sarah to transfer the money to her neighbor.
These examples illustrate how a constructive trust can be used to prevent unjust enrichment. In both cases, the party who obtained the property (the car or the money) did so through improper means (theft or mistake). The court can use its power to impose a constructive trust, ordering the property to be transferred to the rightful owner.