Tuesday, May 7, 2013

Constructive trusts.

Practice point: The ultimate purpose of a constructive trust is to prevent unjust enrichment, and it will be imposed when property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest.

Student note: The elements of a constructive trust are a confidential or fiduciary relationship, a promise, a transfer in reliance thereon, and unjust enrichment. These requirements, however, are not to be rigidly applied.

Case:  Broderson v. Parsons, NY Slip Op 03050 (2d Dept. 2013).

Here is the decision.

Tomorrow's issue: Expert testimony in a medical malpractice action.