Constructive Trusts 1: The Duty Not to Make a Profit from the Trust and Co-ownership Trusts

At the outset, it should be noted that it is notoriously difficult to define with precision the exact circumstances in which a constructive trust may arise. Yet, perhaps that is just as it should be. If there is a common thread that links all types of constructive trust (and that is debatable), it is that they are used to prevent and rectify inequitable conduct. Consequently, some of the material considered in this chapter may well overlap with material considered elsewhere.