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Issues
Controversial
Imposed by the court
Is it a good thing that you receive property as the result of a constructive trust
Traditional Definition
A trust imposed by law with no relevance to the intention of the parties
Different between constructive and resulting trusts
Courts and academics disagree
Base level: it appears to reflect a question about where property is coming from. The existence of a prior proprietary base leads the courts to say a constructive trust is not always institutional and may sometimes be remedial (resulting trusts are always institutional).
A resulting trust is declared by law rather than being imposed by law.
In constructive trusts, the courts are recognising the existence of the trust on the date/the curt is brining the trust into existence so doesn't always reflect a proprietary base.
Common intention constructive trusts
Trusts over the family home
Sometimes what is considered are contributions after the purchase.
Westdeutsche Landesbank v Islington LBC
Beatty v Guggenheim Exploration Co
American case
'A constructive trust is the formulathrough which the conscience of equity finds expression'
But the English position is that creating trusts according to conscience gives judges too much discretion (though arguably this is what is occurring anyway)
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