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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 Trust Remedy and Tracing | Disinherited
https://disinherited.com/equitable-claims/constructive-trust-remedy-tracing/
[226] A constructive trust is one of several remedies potentially available to Mr. Li. What is the remedy in cases where, as here, it is money as opposed to a tangible asset that has been converted? Where the funds remain with the tortfeasor, judgment is for the dollar amount converted unless a proprietary claim can be made out. The monetary claim is often referred to …
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 …
Tracing, following and constructive trusts | Practical Law
https://content.next.westlaw.com/Document/I0a8003851c4d11e698dc8b09b4f043e0/View/FullText.html?contextData=(sc.Default)
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 requisite fiduciary relationship to enable equitable tracing to take place.
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 and Tracing | Emerald Insight
https://www.emerald.com/insight/content/doi/10.1108/eb025649/full/html
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 confusion among those called upon ...
Beware The Constructive Trust Claim - Gibson Dunn
https://www.gibsondunn.com/wp-content/uploads/documents/publications/Millet-BewaretheConstructiveTrustClaim.pdf
requires that where a constructive trust is sought to be imposed against property of an insolvent debtor, strict tracing is required.). Because of the tracing requirement, a constructive trust claim can not be used as a substitute for a writ of attachment to, in effect, secure _ a general unsecured damage claim for breach of contract. See
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 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 …
Tracing and Actions Against Strangers to the Trust
https://lawexplores.com/tracing-and-actions-against-strangers-to-the-trust/
The claimant’s case was that Mr Cushnie held the proceeds on constructive trust for it. This claim was based on Mr Cushnie, as a director, owing fiduciary duties to Trading Partners Ltd not to make a secret profit and not to misuse funds. 11 Breach of these duties resulted in a £29 million gain for Mr Cushnie. The claimant said that it was entitled to trace its money through …
Choosing remedies in tracing claims - Alastair Hudson
http://www.alastairhudson.com/trustslaw/Remediestracing.pdf
The third “remedy”1 is the constructive trust which entitles the claimant to an equitable proprietary interest in the traced property. In theory such a constructive trust could be constructed so that any third party with rights in the traced property would hold the equitable interest in that property in common with the claimant; more usually a
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