constructive trust

May be implied in the absence of a declaration of trust. Where the trustee has induced abither to act to their detriment in the belief that if they do so act to their detriment they would acquire a beneficial interest in the land

Overlap between resulting and constructive trusts as both generally involve a contribution to purchase price however the two types are distinct

Whilst under resulting trusts the beneficial interst is mathematically calculated in proportion to the contribution of purchase price the shares in constructive trusts are determined by a number of factors that may result in the share being much greater than the amount of contributed

There is also an overlap between constructive trusts and proprietary estoppel as both require detriment and work on the basis that it would be unconscionable for the legal owner to deny the existence of the beneficial interest

Inducement it…