Constructive Trusts

Introduction
The paper aims to discuss the comprehensive and significant findings of the topic that is whether the duties of constructive trustee have been equated with the expressive trustee. The paper will highlight both the trustees in a detailed discussion. This discussion will bring differentiation between both aspects. The paper will also aim to distinguish circumstances surrounding the statutory direction of courts when imposing a constructive trust upon a trustee de son tort.

Constructive Trustee
Constructive trusts are not confined to one definition. They are comprised of all trusts recognized and enforced by the courts that either resulting or express trusts. Express trusts are trusts are a design of the real intention of the parties however constructive trusts are ‘invitum’ (against the will or consent of the party) Constructive trusts are usually the result of gross violation of a special relationship and are inferred upon by the courts against the erroneous party; because of their fraud, breach or deceitful act.

Because the trustee who has the 'ownership in law has a relationship with the assets limited to the purpose of the trust and has a number of obligations on the recipient that end to fill its position. It has a position of obligations rather than rights. Even if at the end the trust has been emptied of value in the performance of various obligations, the trustee is found with nothing. Normally, the trust relationship is free of charge so the trustee does not receive any compensation.

The trust can arise as a result of an express declaration of the court; it can be Implicit, obtainable from conduct conclusive or through interpretation, as in the case already mentioned of the constructive trust. A constructive trust is an equitable trust imposed by the courts on the grounds surrounding ‘unconscionable conduct,’ without any due reference to the implied or presumed intention of the person(s). It is imposed by operation of the law where