Liability of strangers and the fiduciary relationship

Question 1

What is a stranger?

Answer 1

Includes everyone who does not have a duty to the trust apart from the constructive trust

Question 2

What is a constructive trust?

Answer 2

A trust imposed by equity to satisfy the demands of justice and good conscience without reference to any express or presumed intention of the parties

Question 3

When may a stranger become liable?

Answer 3

If the beneficiary has suffered a loss due to the actions of a trustee or fiduciary but they are insolvent or have no money, the beneficiary may has a personal claim against a stranger who has means to pay. In certain circumstances a stranger can become liable as if they were a trustee if equity imposes a constructive trust on them