Constructive and resulting trusts

Question 1

Elements of constructive trust

Answer 1

wrongful conduct and unjust enrichment

Question 2

Generally, what is a constructive trust?

Answer 2

equitable remedy designed to disgorge unjust enrichment

Question 3

2 steps of constructive trust

Answer 3

1) admit will to probate
2) apply equity: wrongful conduct and unjust enrichment -> constructive trust in favor of X (hold on a CT for X’s benefit; distribute directly to X)

Question 4

Evidentiary standard for finding murder in civil action

Answer 4

preponderance of evidence

Question 5

Secret trust (oral promise to hold land as trustee for X’s benefit) enforceable as constructive trust?

Answer 5

Yes if proved by C+C evidence.

or else trustee would be unjustly enriched (keep trust property) by wrongful conduct (denying promise)

testimony admissible to show existence of promise

Question 6

If A pays the purchase price for land but title taken in B’s name, and A and B are not related, presumption:

Answer 6

B holds on a purchase money resulting trust and A can compel re-conveyance at any time

Question 7

Purchase money resulting trust: evidence is admissible to show…

Answer 7

gift or loan of purchase price (B borrowed money from A to purchase and it’s B’s land)