"There is a great fear in our law that recognising a remedial constructive trust will give rise to an indiscriminate or unjustified variation of existing property rights." Graham Moffat: Trusts Law Text and Materials (1999) Discuss.
A constructive trust is not the usual kind of trust encountered in Equity. It is a trust which is different from other trusts in that is imposed by a court of law and it cannot be created by an individual. It is considered to be a mean for the courts to reallocate property, which rightfully belongs to one party but is held by another.…
