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Constructive trust

In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (i.e., it is created by conduct, not explicitly by a settlor).

Equitable remedyEquitable remedyEquitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies.Restitution and unjust enrichmentRestitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution.FiduciaryFiduciaryA fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (legal person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who has entrusted funds to the fiduciary for safekeeping or investment.SettlorIn trust law, a settlor is a person who settles (i.e. gives into trust) their property for the benefit of the beneficiary. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the settlor is usually referred to as the testator.Trust (law)Trust (law)A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person.CourtCourtA court (or court of law) is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature.Legal fictionLegal fictionFact assumed for the purpose of a legal rule A legal fiction is a construct used in law where, in order to facilitate a specific outcome, a position is taken to be true, even if such a position is not literally true. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy.Implied trustAn implied trust is an element of trust law, and refers to a trust that has not been "expressly created by the settlor."Tortious interferenceTortious interferenceTortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a , causing economic harm.Right to propertyRight to propertyThe right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their private property. The Fourth Amendment to the United States Constitution is credited as a significant precedent for the legal protection of individual property rights.Party (law)A party is an individual or group of individuals that compose a single entity which can be identified as one for law purposes.

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