Topic: a constructive trust will arise whenever the circumstances … · Go Syfert
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Topic #18420

4 canonical passages across 2 cases, quoted by 22 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Lollis v. Lollis.

#Case FlagCanonical passage Citers
1 Lollis v. Lollis Anchor
sc · 1987
green “a constructive trust will arise whenever the circumstances under which property was acquired make it inequitable that it should be retained by the one holding the legal title.” 9
2 SSI Medical Services, Inc. v. Cox
sc · 1990
green “a constructive trust arises whenever a party has obtained money which does not equitably belong to him and which he cannot in good conscience retain or withhold from another who is beneficially entitled to it as where money has been paid by accident, mistake of fact, or fraud, o…” 6
3 Lollis v. Lollis
sc · 1987
green “a constructive trust results from fraud, bad faith, abuse of confidence, or violation of a fiduciary duty which gives rise to an obligation in equity to make restitution.” 5
4 Lollis v. Lollis
sc · 1987
green “in order to establish a constructive trust, the evidence must be clear, definite, and unequivocal.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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