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Litigating constructive trusts : the last resort in fighting iniquity and inequity / Paul Golden.

by Golden, Paul (Lawyer),

Chicago, llinois : American Bar Association, Real Property, Trust, and Estate Law Section, [2022]

American Bar Association. Section of Real Property, Trust, and Estate Law,

xvi, 237 pages ; 23 cm.

The basics -- The first kind of constructive trust : "transfer to fiduciary" variety -- The second kind of constructive trust : "wrongful act" variety -- Unjust enrichment : a universal requirement -- The additional implicit element : a specific res -- Miscellaneous pleading issues -- Defenses -- Laws that may conflict with, or be avoided by, constructive trust relief -- Alternatives to a constructive trust -- Special benefits of a constructive trust case -- Trial issues.

"Constructive trusts represent one of the ultimate balancing acts. On the one hand, society needs specifics about when someone has crossed the line and has taken something they are not entitled to. More critically, in the context of real property, hundreds of years of precedent indicate that no one can claim that they were given an interest in real property without a signed writing to that effect. On the other hand, judges wish to provide equity, and if they believe someone has been taken advantage of, and had their property taken in a way that does not fit any traditional tort, then a constructive trust can come to the rescue"--

Library of Congress call #:

KF1244.5 .G65 2022

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