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Fiduciary Obligations and the Remedial Constructive Trust

Beth Nosworthy

出版	SSRN, 2011
URL	http://books.google.com.hk/books?id=A2jdzwEACAAJ&hl=&source=gbs_api

註釋

One reason that plaintiffs desire to prove a breach of fiduciary obligation is that remedies following such a breach are more extensive than the remedies following a breach of contract or a tort. One of the most important of these remedies following a breach of fiduciary duty is the constructive trust. But the courts have been aware of this and so have been cautious about finding a breach of fiduciary duty. This paper will explain how the courts find a breach of a fiduciary duty and, particularly, their approach to imposing the constructive trust to remedy this breach.