Practice point: The ultimate purpose of a constructive trust is to
prevent unjust enrichment, and it will be imposed when property has
been acquired in such circumstances that the holder of the legal title
may not in good conscience retain the beneficial interest.
Student note: The elements of a constructive trust are a confidential or fiduciary
relationship, a promise, a transfer in reliance thereon, and unjust
enrichment. These requirements, however, are not to be rigidly applied.
Case: Broderson v. Parsons, NY Slip Op 03050 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Expert testimony in a medical malpractice action.
