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In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.
That a lawyer can commit a breach of the special duty [of a fiduciary] . . . by entering into a contract with the client without full disclosure . . . and so forth is clear. But to say that simple carelessness in giving advice is such a breach is a perversion of words."
The post How to Avoid Probate in South Carolina appeared first on SmartReads by SmartAsset. While probate serves an important legal function, it can also create unnecessary costs and delays for ...
It is a common belief that dishonest or knowing assistance originates from Lord Selbourne's judgment in Barnes v Addy: [1] [S]trangers are not to be made constructive trustees merely because they act as the agents of trustees in transactions, … unless those agents received and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and ...
In New York, obtaining property by false pretenses, felonious breach of trust and embezzlement are included in the term larceny, [21] [22] [23] but the methods of proof required to establish each crime remain as before the code. Obtaining lodging and food on credit at hotel or lodging house with intent to defraud is a misdemeanor. [24]
Evans LJ said that where a defendant commits a fraudulent breach of duty, the beneficiary can recover damages to be in the position before the breach, in the ‘restitutionary’ measure (misleading!), rather than following the ‘stringent test for causation’. This was not in the position as if a breach had not occurred.
The procedure is used in several situations, broadly demarcated by whether the property has been transferred because of theft, breach of trust, or mistake. Tracing is divided into two forms, common law tracing and equitable tracing. [1]
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related to: breach of trust with fraudulent intent south carolina probate form 120pcuslegalforms.com has been visited by 100K+ users in the past month