Statute of Frauds

(redirected from constructive trust)
Also found in: Dictionary, Thesaurus, Legal, Financial, Wikipedia.
Related to constructive trust: implied trust

Statute of Frauds:

see Frauds, Statute ofFrauds, Statute of,
basis of most modern laws requiring that certain promises must be in writing in order to be enforceable; it was passed by the English Parliament in 1677.
..... Click the link for more information.
.

Frauds, Statute of,

basis of most modern laws requiring that certain promises must be in writing in order to be enforceable; it was passed by the English Parliament in 1677. In the United States, although state laws vary, most require written agreements in four types of contracts: contracts to assume the obligation of another; contracts that cannot be performed within one year; contracts for the sale of land; and contracts for the sale of goods.

statute of frauds

A rule that certain kinds of contracts are unenforceable unless signed and in writing or unless there is a written memorandum of their terms signed by the party to be charged. In most states contracts for the sale of real property or for leases of over a specified duration must be in writing to be enforceable.
References in periodicals archive ?
171) Therefore, as Millett explains, in the domestic law, "a retransfer in specie after rescission is best regarded, not as a consequence of a constructive trust or resulting trust, nor as a response to unjust enrichment, but as part of the working out of the equitable remedy of rescission, which is tightly controlled and subject to its own defences.
As noted earlier, the concept of trust is not known by the civilian legal tradition of continental Europe and consequently there is no way in which a victim can exercise his rights as a beneficial owner of an asset held in constructive trust as discussed above.
A constructive trust is a flexible remedy that courts of equity
There are no specific requirements for this claim other than the generalized proof of unjust enrichment, thus providing a technically easier mechanism than the constructive trust or rescission.
212) In other words, the court was faced with a claim for restitution by way of constructive trust that had been mispleaded as a tort claim for damages.
Elements of a Constructive Trust and How They Occur
They have since amended their complaints to seek a constructive trust for the benefit of all injured victims.
Bell of McGuireWoods LLP as temporary receiver of ZeekRewards for the purposes of marshaling and preserving all assets of ZeekRewards and those assets (a) held or possessed by ZeekRewards; (b) held in constructive trust for ZeekRewards; and (c) fraudulently transferred by ZeekRewards.
Suit seeks damages of at least $43,775, declaration of a constructive trust and special damages of $30,000.
A constructive trust argument could be made, indicating that title to the assets placed into the family limited partnership never properly vested, with limited partner transferees acting as "trustees" and holding the assets for the benefit of the transferor.

Full browser ?