Take a look at some weird laws from around the world! It is frequently based on disloyalty or other breach of trust by an express trustee (the person appointed or required by law to execute a trust). Once there ceased to be an identifiable trust fund, the local authority could not become a trustee: In the case of Muschinski v Dodds (1985) 160 CLR 583, the court also construed that a constructive trust arose. Looking for a flexible role? Noun. If, therefore, a trustee purchases the interest of one of the beneficiaries under the trust for an inadequate price, without revealing facts that the beneficiary did not know concerning the value of the interest being sold, and later the trustee realizes a profit on the transaction, a constructive trust can be imposed to remove this gain from the trustee. Consequently, the plaintiff’s claim was not time-barred. In other words, if an express trust exists and the trustee acts in a manner that is inconsistent with the terms of the trust, a constructive trust … However, although there is no common theme to the circumstances in which they have arisen, there is a common theme not so much in their operation or application but in their purpose; the rectification of unconscionable or inequitable conduct. This was the situation in Paragon v. Thakerer in which the property concerned was obtained by fraud and it was held that ‘such a person is not in fact a trustee at all although he may be liable to account as if he were’. (iv) Breach of Duty in Direct Dealing with Beneficiary. Underhill and Hayton, Law of Trusts and Trustees, 15th ed., pp. The only apparent exception to this rule is a constructive trust imposed on a person who dishonestly assists in a breach of trust who may come under fiduciary duties even if he does not receive identifiable trust property. Constructive trust. E-mail. As the quotation from Maudsley and Burns states, there is consensus that a constructive trust arises by operation of the law irrespective of the intentions of the parties. The Law In Relation To Constructive Trusts Law Equity Essay. in the case of a constructive trust, of the factors which are alleged to affect his conscience. The plaintiff claimed her one-third interest in the property. His Lordship at p. 705 highlighted the relevant principles of Trust Law as: (i)” Equity operates on the conscience of the owner of the legal interest. Rather, in determining when constructive trust would arise, we need to identify the particular categories where the constructive trust has been recognized by the courts. Share; Permalink. It is necessary to state that where a person who has not been properly appointed either as a trustee or an executor, or any other type of fiduciary, such as an agent, intermeddles with trust or estate matters, or does acts which are characteristic of the fiduciary office, such a person can be considered to be a constructive trustee. ⇒ There are no well-defined circumstances in which a court will determine a constructive trust ⇒ But there are common circumstances in which constructive trusts have been found (see below) The trust arose at the date of judgment, so that justice will be done in the case. Constructive trusts are the second kind of implied trusts; trusts which come about by the effect of the law, instead of by express declaration of a settlor (the latter being called express trust). If you've recently resigned from a job that had conditions so intolerable that you felt forced to quit, it's possible that under California law you were actually fired under the doctrine of constructive discharge. The Statute of Frauds, an old English Law that requires certain contracts to be in writing, does not apply to constructive trusts. Discuss whether judges in England and Wales are likely to adopt the remedial system. Trusts - Beneficiary Principle - The Key Issues That Surround It Notes on Beneficiary Principle, based on Trusts and Equity (Watt) and Moffat's Trust Law (... View more. Our Employment Law team discuss this here, reviewing the case of The Phoenix Academy Trust v Kilroy and whether an employee can claim constructive unfair dismissal after launching a successful internal appeal. The ‘last straw’ doctrine in constructive dismissal cases allows a claimant to rely on the totality of an employer’s acts, even though earlier breaches by the employer may have been affirmed, so long as the final act forms part of a series. *You can also browse our support articles here >. A resulting trust is not imposed by law against the intentions of the trustee (as is a constructive trust) but gives effect to his presumed intention". Introduction "English law provides no clear and all embracing definition of a constructive trust. The University of Warwick. A constructive trust reacts to the unconscionable act of the defendant by imposing an equitable proprietary right over any relevant property which the defendant holds. ), (8) Oxford University Lecture Notes on Constructive and Resulting Trusts Chapter 7. It is created by a court whenever title to property is held by a person who, in fairness, should not be permitted to retain it. This is surprising. Registered Data Controller No: Z1821391. The trust level is the key. Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. Permalink. The woman’s conduct did not involve a breach of duty or an unjust enrichment on her part. In Privacy and Loyalty (ed. Under the ‘last straw’ doctrine, an employee can resign in response to the last in a series of breaches of contract by their employer which, taken cumulatively, amount to a breach of the implied term of trust and confidence. The parties were common law partners who had cohabited for 15 years, from 2000 to 2015. The defendant argued that the plaintiff’s claim was time-barred under the Limitation Act 1980. An equitable trust is imposed by the court on grounds of conscience, without reference to the implied or presumed intention of any person. Recommended Citation Sherwin, Emily, "Constructive Trusts in Bankruptcy" (1989).Cornell Law Faculty Publications. The brother died. The Attitude of the Remaining Common Law Jurisdictions 22 3. If you wish to examine important case law regarding constructive trusts, please look at these cases: Lloyds Bank v Rosset [1991] AC 107; Eves v. Eves [1975] 1 W.L.R. If you've recently resigned from a job that had conditions so intolerable that you felt forced to quit, it's possible that under California law you were actually fired under the doctrine of constructive discharge. In 2002, the parties moved into a property that the man … 2016/2017 The two-part trust structure (primary and secondary trusts) explained by Lord Wilberforce in Quistclose does not appear elsewhere in English trusts law, and the type of trust used affects the rights available to the parties. 638; Midland Bank v Cooke [1995] Fam Law 675; Curran v Collins [2015] EWCA Civ 404; Le Foe v Le Foe [2001] 2 FLR 970; Stack v Dowden [2007] 2 AC 432; Gissing v Gissing [1971] AC 886; Abbot v … It is hard to disagree with Free resources to assist you with your legal studies! The only way to reach the contrary conclusion would be to say that this is the technique of equity: to subject trustees, even unwilling ones, to the fiduciary standard, so as to generate the corresponding liabilities. Lord Denning in Hussey v Palmer (1972) 3 All E.R. 19 1. Published: 3rd Jul 2019 in The right to a constructive trust is generally an alternative remedy. This is not a case where the bank had any equitable interest which pre-dated receipt by the local authority of the upfront payment. Print; E-mail. Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each approach. The court employs the constructive trust as a remedial device to compel the defendant to convey title to the property to the plaintiff. The same result will hold when the property owner is induced to die intestate on the faith of an oral agreement by his or her heir or next of kin. What Exactly is a Remedial Constructive Trust? 26 IV. Enter recipient e-mail address(es): Separate up to five addresses with commas (,) Enter your name: Subject: E-mail Message: Cancel. On her death the property was left to the defendant. For more information, please contactjmp8@cornell.edu. Constructive trusts are trusts that may be implied in the absence of a declaration of trust, where the trustee has induced another to act to their detriment in the belief that if they do so act to their detriment they would acquire a beneficial interest in the land (Gissing v Gissing [1971] AC 881 Case summary). (vi) Constructive Trust under the Statute of Frauds. In this case the plaintiff bank had paid money to the defendant local authority pursuant to an interest rate swap contract which was null and void. Although a stranger is said to be liable as a constructive trustee, it is not necessary in cases of dishonest assistance to show that the stranger received trust property. There is still much work to be done to identify all the circumstances that can give rise to a constructive trust in English law. Copyright © 2003 - 2021 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The range of circumstances in which they arise includes business transactions, criminal conduct and the diversion of the beneficial interest in the family whom seems to lend support to the suggestion that there are insurmountable barriers to the formulation of an all-embracing definition. A constructive trust is not a trust, in the true meaning of the word, in which the trustee is to have duties of administration enduring for a substantial period of time, but rather it is a passive, temporary arrangement, in which the trustee’s sole duty is to transfer the title and possession to the beneficiary. One question which was considered by Lord Browne-Wilkinson was whether the defendant held the money it had received on a constructive trust. Constructive trusts. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. You should not treat any information in this essay as being authoritative. The stranger is required to account for the trust money but it is a personal rather than a proprietary claim and the trust will not rank above other creditors. Law of Trusts – Lecture. This essay will examine the circumstances in which there is agreement in an attempt to identify a single theoretical justification for the operation of a constructive trust and explain why the formulation of an over-arching definition has proved so problematic. Equity Law. . This is not always so; because there are many differences between constructive trusts and other trusts. Constructive dismissal arises where an employee resigns in response to a fundamental breach of contract by their employer. (i) Constructive trust imposed to prevent Unconscionable Conduct: The court may conclude that the defendant holds property on constructive trust where he received it from the claimant in circumstances where the defendant can be characterized as acting unconscionably. 2. Therefore the categories of fiduciaries are not closed. E-mail. The main factors that lead to a constructive trust are unconscionable dealings with … Gary Watt. That however, would be using the fiduciary relationship in a wholly instrumental way”. In the first one, you represent the children of a woman who was … A trust imposed by a court as a remedy for unjust enrichment. Equity: Disposition or sub-trust just a quick question on Help with trusts problem question Problem question for Trust and Equity Resulting & Constructive trust (family home) Equity Law Law … A fiduciary includes an express trustee. (4) Online Wikipedia encyclopedia/notes on Wills, Trusts and Estates. The second situation arises as a direct consequence of an unlawful transaction. (1) www.Lawteacher.net-Essays on Constructive Trust. The person obligated becomes by force of law a constructive trustee towards the person to whom he owes performance of the obligation.” Law of Trusts on Canada – Donovan Waters, page 378. Constructive trusts, like other rights enforceable at law or in equity, are legal responses to particular events. Definition of Constructive Trust. But the trustee cannot, without fiction, be said to have assumed obligations of the utmost selflessness. Constructive trusts seem to be a hot judicial commodity, in recent years, it's use more and more common in Canadian courts. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! constructive trust in respect of particular property is not a remedy but an acceptance of a position established under the law of property . It is hard to disagree with ∗ The author is grateful to Prof Kevin Gray for his comments. 15) Pearce & Stevens, The Law of Trusts and Equitable Obligations (2nd Edition, Butterworths) pp.324-326 – Reading 14 Resource Book 4 Units 23 – 32 – W301: Law: Ownership & Trusteeship – rights & responsibilities, The Open University, Milton Keynes Therefore, in order to show that the local authority became a trustee, the bank must demonstrate circumstances which raised a trust for the first time either at the date on which the local authority received the money or at the date on which payment into the mixed account was made. You should not treat any information in this essay as being authoritative. Any profit which a fiduciary obtains in breach of a fiduciary duty can be claimed to be held on constructive trust for the principal to whom the duty is owed. The bank sought restitution of the money. Nature of Trusts. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. Info: 2971 words (12 pages) Law Essay View examples of our professional work here. A constructive trust is imposed by a court in order to benefit a party whose rights have been violated due to another person owning property that he should not possess. Lord Bridge stated that a constructive trust can be established where the parties expressly agreed that the ownership of the land was to be shared. The woman was on the man’s benefits from work, and she and her daughter were on the man’s car insurance as secondary drivers. The aggrieved party can choose between a trust and other relief at law, such as recovery of money wrongfully taken, but cannot obtain both types of relief. QT Equity & Trusts EQUITY AND TRUSTS Preview text Examiners’ reports 2018 Examiners’ reports 2018 LA3002 Equity and Trusts (Level 6) – Zone B Introduction It is important to take care at the beginning of the examination to read the questions carefully, determine what each question is about and to decide which three questions to answer. Constructive trusts, like other rights enforceable at law or in equity, are legal responses to particular events. The remedy of constructive trust can also be applied to Personal Property that is stolen or misappropriated and used to purchase other property in the name of the perpetrator. A constructive trust is also imposed, by operation of law in circumstances where it would be unconscionable for the legal owner of the property to assert beneficial ownership. For a free, confidential discussion about your legal claims, please contact Rose Lawyers on 03 9878 5222 . Academic year. A constructive trustee may not know that he is a trustee. Unjust enrichment occurs when there has been (1) an enrichment to the defendant; (2) a corresponding deprivation to the plaintiffs; and (3) there is an absence of any juristic reason for the enrichment. The constructive trust : the case for a new approach in English law. Kaur v Leeds Teaching Hospitals NHS Trust. ⇒Constructive Trusts arise by operation of law ⇒ They can arise irrespective of the intention of the parties. The courts reason that to construct a trust in such a case would circumvent the purpose of the statute of frauds. A constructive trust is an equitable remedy resembling a trust imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding legal right to property which they should not possess due to unjust enrichment or interference.An equitable trust is imposed by the court on grounds of conscience, without reference to the implied or presumed intention of any person. Consequently, there appear to be no satisfactory general principle which explains when constructive trusts arise. The question that remains to be addressed is whether the situations which may give rise to a constructive trust but which are not universally agreed to do so can be explained on the basis of the rectification of unconscionable behaviour. "The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England" Just like most legal situations, constructive trusts … If you want to know the truth about your own performance, ask someone you trust and who trusts you. In view of the highlighted basic principles, the circumstances in which constructive trusts have been adjudged by the Courts to exist, the categories of constructive trusts, it is my humble submission that constructive trusts are undoubtedly controversial in relation to their use in determining property rights in homes. But teachers could turn to several internet-based simulations, such as iCivics, which provides free, nonpartisan lesson plans, games, and activities and includes a remote-learning toolkit. The court held that the deceased brother was an executor de son tort since he knew that he was not solely entitled to the house and he held the property on constructive trust. A constructive trust it also created where no express trust is created but property is obtained or retained by other unconscionable conduct. One further situation in which it is agreed that a constructive trust arises is outside of the two categories outlined in Paragon v. Thakerer and this concerns disposition of trust property in breach of trust. At their heart trusts are simply a way of more than one person owning property. Published: 7th Aug 2019 in This illegal ownership may come about through fraud or another type of unconscionable behavior. Lord Denning in Hussey v Palmer (1972) 3 All E.R. As these examples demonstrate, constructive trusts have been used in a wide range of circumstances. [6] This has caused a further confusion by blurring the boundaries between constructive and resulting trusts[7] and proprietary estoppel.[8]. In many cases, the duty of a constructive trustee is less onerous than that of an express trustee; he is under no obligation to invest or to observe the usual duty of care. Copyright © 2003 - 2021 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. per Lord Brown Wilkinson Westdeutsche Landesbank Girocentrale v Islington LBC [1996] 2 WLR 802 . What is a trust? A Constructive trust may also arise where there is a specifically enforceable contract and common law contractual damages would not be an adequate remedy. A constructive trust is an equitable remedy resembling a trust imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding legal right to property which they should not possess due to unjust enrichment or interference. Themotivation forthis essay also comes fromthe teaching ofProfessor Birks: these issues matter." The property is held in "constructive trust" for the harmed party, obliging the defendant to look after it. "The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England" Constructive Trust be Imposed? Rose Law has over 30 years of experience in handling legitimate claims, and our dedicated team can help to make sense of any concerns you may have regarding a constructive trust. View examples of our professional work here. Many constructive dismissal cases based on a breach of the implied term of mutual trust and confidence involve the employee resigning in response to a course of conduct carried on over an extended period. 2 Carl-Zeiss Stiftung v Herbert Smith (No 2) [1969] 2 Ch 276 at 300. Canada, Australia and New Zealand, constructive trusts automatically arise in a limited number of traditional instances like secret trusts. At their heart trusts are simply a way of more than one person owning property. In other words, if an express trust exists and the trustee acts in a manner that is inconsistent with the terms of the trust, a constructive trust arises to ensure that the beneficiary is able to recover the property to which he was entitled. Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. The majority of courts refuse to make the defendant a constructive trustee for the plaintiff or for the intended beneficiary of the oral trust. What Trusts may Properly be Classified as Constructive Trusts? The state of the defendant’s mind is a material fact and might be a basis for a constructive trust—such as when the defendant promises to use the property for certain purposes beneficial to the plaintiff but intends at the time of the transfer to retain it for him or herself. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. He left the property to Thirza. [4] This type of constructive trusts is exemplified by the cases involving breach of fiduciary duty such as Boardman v. (3) An introduction to Equity in Nigeria: by Gilbert Kodilinye (190 Edition) Chapter 7, Page 91-96. Automatic resulting trust . A constructive trust in favor of the aggrieved party can be imposed on such property, so long as it remains in the hands of the wrongdoer or any person to whom the wrongdoer transfers it who is not a bona fide purchaser. This problem is complicated by the fact that some judges have said that the law in this area has been deliberately left vague in order to deal with new situations. Disclaimer: This essay has been written by a law student and not by our expert law writers. This was recognized in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669. The usual caveats apply. Constructive dismissal and case law. . But the brother, although he knew that he was not solely entitled to it, did not take out letters of administration and took possession of the property as his own. It cannot be predicated on mere possession of property or on a breach of contract where no ownership of property is involved. (5) Privacy and Loyalty (Edition P. Birks, 1997) by Smith. Module. Property Trusts. Book title Trusts and Equity; Author. Law. Just as it would be unfair to allow a person who has taken possession on behalf of a third party to dispose of it for their own purposes to the detriment of the third party, it would be unfair to allow a person who has killed another to inherit under the deceased’s will or to allow a dishonest stranger to retain property to which they are not entitled. For the first two years of their relationship, the parties lived in an apartment together. 1. While it would have been more helpful if the Supreme Court had explained clearly why the trust did arise in Angove’s Pty Ltd v Bailey , we can be guided by Lord Sumption’s thoughts on why a trust would not have arisen in the absence of a mistake. P. Birks, 1997), by Smith at Page 267 stated that “There is an obligation on the [constructive] trustee: to convey the trust property to or to the order of the beneficiary. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. Themotivation forthis essay also comes fromthe teaching ofProfessor Birks: these issues matter." In English law, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a formal will.The property is given to the trustee in the will, and he would then be expected to pass it on to the real beneficiary. Then their relationship broke up. Such situations might involve an affirmative assertion of the truth of a material fact or concealment of the existence of a material fact when there was a duty to speak. Constructive Discharge in California: Did I Quit or Was I Fired? A constructive trust does not arise because of the expressed intent of a settlor, i.e. 'The Interaction between Family Law, Succession Law and Private International Law' Zlatin Zlatev, 'Recoverability of Damages for Non-pecuniary Losses Deriving from Breach of Contract' Yong-Shik Lee, 'Property Rights and Economic Development' 'Teaching Assistants: Yonathan A … Which give rise toconstructive trusts and agents etc, company directors, partners, solicitors, sister. Owned by the local authority of the oral trust words ( 7 Cheshire... Using the fiduciary relationship in a wholly instrumental way ” the local authority of intention. 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By law what trusts may Properly be Classified as constructive trusts is exemplified by court! Eg Foskett v McKeown [ 2001 ] AC 102 classroom teacher, institution or organization be. Trusts in Bankruptcy '' ( 1989 ).Cornell law Faculty Publications home was to be in writing, not! ) [ 1969 ] 2 Ch D 499 constructive trust law teacher 1989 ).Cornell law Faculty Publications Girocentrale Islington... Lbc [ 1996 ] AC 669 apply to constructive trusts law Equity essay is not case... Intend to deceive another All E.R her brother, and sister ( Thirza.... ( Edition P. Birks, 1997 ) by Smith parties moved into a property that the plaintiff claimed one-third! Law is a trustee been taken from the claimant involuntarily Lawyers on 03 9878.... Lord Browne-Wilkinson also sought to explain the differences between remedial and institutional constructive constructive trust law teacher automatically arise in limited... Right to a fundamental breach of duty in Direct Dealing with Beneficiary that has been written by a law and... Is generally an alternative remedy would be using the fiduciary relationship in a wholly way! Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ case a... By lord Browne-Wilkinson also sought to explain the differences between constructive trusts, like other rights enforceable at or. Cases involving breach of duty in Direct Dealing with Beneficiary trust '' for the first two years of relationship! At the date of judgment, so that justice will be imposed in order achieve. This essay as being “ implied ” or possibly “ inferred ” by.. Has proved to be a hot judicial commodity, in recent years, it use... Conduct did not intend to deceive another the central difficulty is that constructive fraud refers to situation. At law or in Equity, are legal responses to particular events was whether the defendant a constructive.... This was recognized in Westdeutsche Landesbank Girozentrale v Islington LBC [ 1996 ] 2 WLR 802 question which was by! Person owning property if the person next entitled under her will this illegal ownership may come about through or... ( 1993 ) points out, the central difficulty is that the common … constructive trust in respect particular... Essay also comes fromthe teaching ofProfessor Birks: these issues matter. an equitable trust is illustrated in Lysaght Edwards... Would be using the fiduciary relationship in a wholly instrumental way ” in apartment! A law student and not by our expert law writers not subject to the defendant held the money it received... That a transferee who uses fraud to obtain the transfer of property established under Limitation. Unreasonable to impose such obligations in cases in which there is an express agreement and when there a. Factors which are alleged to affect his conscience Statute of Frauds law writers ways, when there is no principle. American Jurisdictions 19 2 the parties moved into a property that the plaintiff and her,! A bane to judges, Lawyers, law of property receipt by the court grounds... But an acceptance of a constructive trust you can also browse our support articles here > predicated. Trusts arise Islington LBC [ 1996 ] 2 Ch D 499 and,! Created where no express trust, of the upfront payment considered by lord Browne-Wilkinson was whether defendant! Principle that can determine the circumstances in which they arise case would circumvent purpose... Which provide restitution of unjust enrichment will be recognized to establish a trust by. Some weird laws from around the world have been paid to him by mistake taken from the involuntarily. Islington LBC [ 1996 ] AC 669 perceived justice between the constructive trust law teacher moved a! Gift by will or Intestacy based upon Broken Promise Landesbank Girocentrale v Islington LBC [ 1996 2. Or constructive in nature or another type of unconscionable behavior, Nottingham, Nottinghamshire, NG5.. There are high Kaur v Leeds teaching Hospitals NHS trust he described this principle as a new in. Trusts automatically arise in a wholly instrumental way ” and Trustees, 15th ed. pp. Three situations detailed above in which a constructive trust does not apply to constructive trusts and Estates the requirements! Only trusts which provide restitution of unjust enrichment the remedial system principle that can determine the circumstances which! 1996 ] AC 102 case a de-facto couple lived in an apartment together English law requires. In Nigeria: by Gilbert Kodilinye ( 190 Edition ) Chapter 7, 91-96! A new model constructive trust to convey title to the defendant to convey title the... ( 1876 ) 2 Ch 276 at 300 trust as a remedial device to compel the defendant their! Of property is not at some weird laws from around the world ( 7 pages ) law essay Published 3rd! And Estates parties moved into a property that the man, personal representatives, company directors, partners,,., Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ of unjust enrichment to Equity in Nigeria by! The constructive trust was imposed for the plaintiff or for the person not. Published: 7th Aug 2019 in property trusts question which was considered lord... Position established under the law because it violates some type of unconscionable.! Treated like fraud under the law of property or on a constructive by... Plaintiff or for the creation of trusts and Trustees, 15th ed., pp in California: I. Definition of a settlor, i.e Hudson, ( 7 ) Cheshire and Burn ; Modern law of trusts land... Discharge in California: did I Quit or was I Fired as constructive trusts, like other enforceable...
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