![]() |
RDG
online Restitution Discussion Group Archives |
||||||||||||
![]() |
![]() |
||||||||||||
|
I am following
up Nick Hopkins's question and Ed Brewer's helpful response about US law.
Knowing no more about the evidence than Nick summarizes,
particularly about the source of the consideration, a US court's form
of relief might well be a resulting trust. A purchase money resulting
trust if the plaintiff's money were used, an "intent-enforcing" resulting
trust if the evidence showed that the parties "intended" joint ownership.
As presented, a conscious breach of fiduciary duty would support "disgorgement"
of defendant's profits, without detailed inquiry into plaintiff's losses.
But weren't part of defendant's gains from the transaction diverted from
plaintiff?
Many US courts conflate resulting trusts with constructive
trusts leaving the latter as an all-purpose form of equitable restitution
with no more "injury" to doctrinal coherence than the average restitution
decision.
Doug Rendleman <== Previous message Back to index Next message ==> |
||||||||||||
![]() |
![]() |
» » » » » |
|
![]() |
|||||||||
![]() |