Resulting & Constructive Trusts
Trusts · Lesson 07
Resulting & Constructive Trusts
這一課問的是：法院何時強加返回信託或推定信託？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
When does the court impose a resulting or constructive trust?
這一課問的是：法院何時強加返回信託或推定信託？
Trigger words & phrases that should flag this issue:
failed express trustunjust enrichmentwrongful holdingpurchase money
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
resulting trust
Tap to see meaning
Implied trust returning property to settlor on trust failure.
返回信託。
constructive trust
Tap to see meaning
Equitable remedy to prevent unjust enrichment.
推定信託。
purchase money resulting trust
Tap to see meaning
Buyer pays, title goes to third party; presumed resulting trust.
購買金返回信託。
equitable remedy
Tap to see meaning
Constructive trust is remedy, not entity.
衡平救濟。
wrongdoer
Tap to see meaning
Constructive trust often arises from wrongful conduct.
不法者。
Rule Sentence · the workhorse
A resulting trust arises by implication of law where an express trust fails or where the settlor's intent suggests return of property; a constructive trust is an equitable remedy imposed to prevent unjust enrichment by a wrongdoer.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人court (in equity)衡平法院
Act 行為imposing trust強加信託
Object 對象property held by another他人所持財產
Standard 法律標準failed trust intent · unjust enrichment信託失敗意圖 / 不當得利
Consequence 後果trust imposed for equitable owner為衡平所有者強加信託
Casebook Snapshot · a real American case
Beatty v. Guggenheim Exploration
Holding. "A constructive trust is the formula through which the conscience of equity finds expression."
Why it matters. Cardozo's famous articulation of constructive trust as equity's tool for preventing unjust enrichment.
Cardozo：推定信託為衡平之良心形式。
Common Mistakes · what trips students
✗ resulting 與 constructive 同義。
✓ Resulting reflects settlor intent; constructive remedies wrongdoing.
返回反映設立人意圖；推定救濟不法。
Mini IRAC · build the Application
Issue. Should the court impose a constructive trust on real estate that D fraudulently induced P to transfer to D?
Rule. A constructive trust is an equitable remedy imposed to prevent unjust enrichment by a wrongdoer.
Application (model). D fraudulently induced P to transfer real estate; D now holds title. Because constructive trust is imposed where a wrongdoer holds property that would result in unjust enrichment, the fact that D obtained title through fraud and would be unjustly enriched if allowed to retain means a constructive trust is the appropriate remedy.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the court should impose a constructive trust on the real estate in favor of P.
MBE Check · multiple choice
S sets up an express trust that fails because beneficiaries are unascertainable. What happens to the trust property?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: