Constructive trusts.

Practice point: In order to obtain the remedy of a constructive trust, a plaintiff generally is required to demonstrate four factors: (1) a fiduciary or confidential relationship between the parties; (2) a promise; (3) a transfer of some asset in reliance upon the promise; and (4) unjust enrichment flowing from the breach of the promise.

Student note: To achieve equity and avoid unjust enrichment, the courts apply these factors flexibly rather than rigidly.

Case: Mei Yun Chen v. Mei Wan Kao, NY Slip Op 05616 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Homeowners’ liability under the Labor Law.