A constructive trust can be imposed in equity on the basis of unconscionability or common intention. In relation to unconscionability, where a defendant unjustly gains a benefit at the expense of a plaintiff, this is arguably an unjust enrichment in restitution law. (See Goff & Jones 1986, pp. 13 and 16; and Baumgartner v Baumgartner … Continue reading Constructive trusts