Principle

EQUITY AND TRUSTS — Constructive Trusts — Nature and Imposition by Equity on Ground of Conscience

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

Constructive trust arises from equitable principles based on conscience, not party intention. It is imposed by law from the circumstances, not created by agreement. The principle applies to equity and trusts. The rule prevents unconscionable retention of property. The court examines the circumstances to determine…

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