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LSDefine

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.

constructive receipt of income | construe

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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