Litigating constructive trusts : the last resort in fighting iniquity and inequity / Paul Golden.
2022
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Details
Title
Litigating constructive trusts : the last resort in fighting iniquity and inequity / Paul Golden.
Added Corporate Author
Imprint
Chicago, llinois : American Bar Association, [2022]
Description
1 online resource
Series
LexisNexis digital library.
Formatted Contents Note
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.
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.
Summary
"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"-- Provided by publisher.
Note
Includes index.
Source of Description
Description based on print version record and CIP data provided by publisher; resource not viewed.
Available in Other Form
Print version: Golden, Paul Litigating constructive trusts Chicago, llinois : American Bar Association, [2022]
Linked Resources
Language
English
ISBN
9781639051625 (epub)
1639051627
9781639051618 (paperback)
1639051627
9781639051618 (paperback)
Record Appears in