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The Constructive Trust: A Remedy for Collecting After Embezzlement
https://www.lacba.org/docs/default-source/section-documents/remedies-law-section/remedies-newsletter/article-re-constructive-trust.pdf#:~:text=In%20order%20to%20impose%20a%20constructive%20trust%2C%20however%2C,to%20the%20misappropriated%20funds%E2%80%94a%20concept%20known%20as%20%E2%80%9Ctracing.%E2%80%9D
Constructive Trusts and Tracing | Emerald Insight
https://www.emerald.com/insight/content/doi/10.1108/eb025649/full/html
Does tracing send you back to the drawing board? The following paper may be just what you need. It explains the concept of a simple trust, and how its fundamental principles manifest themselves in the court‐imposed constructive trust, paying particular attention to the vexed issue of knowledge, the linchpin of constructive trusteeship and the cause of great …
Constructive Trust Remedy and Tracing | Disinherited
https://disinherited.com/equitable-claims/constructive-trust-remedy-tracing/
The process of tracing is available to enable a plaintiff to determine whether the second condition can be met. 7. There is clear authority for the proposition that the availability of a constructive trust need not be decided on the basis of pleadings.
Constructive Trusts and Tracing Funds | de VRIES LITIGATION
https://devrieslitigation.com/constructive-trusts-tracing-funds/
Constructive Trusts and Tracing Funds. September 8, 2014. The recent Ontario Superior Court case of Moody v Hirsh explores the issue of when a plaintiff is able to trace the money he or she paid to a defendant into the defendant’s own property. The decision demonstrates that the circumstances in which a court will make an order imposing a constructive trust over the …
Constructive trusts, tracing and the requirement of a …
https://academic.oup.com/tandt/article/11/10/10/1723564
Mark Pawlowski; Constructive trusts, tracing and the requirement of a fiduciary obligation, Trusts & Trustees, Volume 11, Issue 10, 1 October 2005, Pages 10–14, We use cookies to enhance your experience on our website.By continuing to use our website, you are agreeing to our use of cookies.
Tracing, following and constructive trusts | Practical Law
https://uk.practicallaw.thomsonreuters.com/4-626-7538?contextData=(sc.Default)
A guide to the processes of following and tracing which allow a claimant to identify assets in the hands of the defendant or a third party. The note considers the common law tracing rules as well as tracing in equity. It also considers constructive trusts and the circumstances in which the courts have recognised that a constructive trust has arisen and that, therefore, there is the …
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
In theory, such a constructive trust could be constructed so that any third party with rights in the traced asset would hold the equitable interest in that property in common with the claimant; more usually a constructive trust will be claimed so that the claimant can become the absolute beneficial owner of the property so that he can acquire any future increase in value in that …
Constructive trusts and property interests - Lexology
https://www.lexology.com/library/detail.aspx?g=ae7dd769-e6a8-4cc5-8099-cd3035c7ac7c
A constructive trust is an equitable remedy that may be granted to address a breach of, or to give effect to, an equitable doctrine or …
What Is a Constructive Trust? | legalzoom.com
https://www.legalzoom.com/articles/what-is-a-constructive-trust
A constructive trust is created to remedy (or make up for) a situation where there is "unjust enrichment." If someone has possession of property (money, real estate, or other assets) that they should not have because they obtained it unfairly through fraud or breach of a fiduciary duty, this is unjust enrichment. The constructive trust is set up to solve the unfair …
The Constructive Trust: A Remedy for Collecting …
https://www.lacba.org/docs/default-source/section-documents/remedies-law-section/remedies-newsletter/article-re-constructive-trust.pdf
In order to impose a constructive trust, however, the plaintiff must be able to trace the acquisition of that property back to the misappropriated funds—a concept known as “tracing.”. 1 Ellen Kaufman Wolf and Scott Antoine are lawyers at Wolf Group L.A., a business law boutique for matters involving business, real estate, and estates, and emphasizing creditors’ rights and …
Principles of Tracing - Kornfeld LLP
https://kornfeldllp.com/2021/06/principles-of-tracing/
Tracing is ancillary to equitable, common law and statutory remedies, including constructive trusts, equitable liens or charges and orders relating to fraudulent conveyances. Complexities may arise in tracing claims into a fund or assets to which there are competing claims.
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