LAW4190 Study Guide - Final Guide: Knowing Receipt, Tomar Clan, Qantas
Document Summary
A constructive trust is a trust imposed by law. The difference between constructive trusts and other trusts is that intention is not a necessary element (crafter v crafter. Differences between resulting trusts, express trusts and constructive trusts. The constructive trustee may not be subject to the full range of fiduciary obligations. (lonhro v fayed (no 2) [1991] 4 all er 961 at 971 2) The constructive trustee"s role is to disgorge the trust property, in this way the constructive trusts is similar to a bare trust. Constructive trusts are not always subject the requirement of certainty of subject matter. Imposes a personal liability upon the trustee to account for the losses, and does not create a proprietary interest (giumelli v giumelli (1999) Muschinski v dodds (1985) 160 clr 583, 612 -4 remedial institution. This is means that the trusts is in existence from the time of the conduct and exists from this time onward.
