Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

constructive trust

Read a random definition: surviving spouse's trust

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.

constructive receipt of income | construe

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
TGM
18:39
@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
18:39
Yeah I would delay as long as you have plausible deniability
TGM
18:40
I actually do have a transcript issue that registrar needs to resolve, should I say that
TGM
18:41
(Course marked as Incomplete that’s supposed to be removed)
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
LSD+ is ad-free, with DMs, discounts, case briefs & more.