Utah Constructive trust

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“A constructive trust is an equitable remedy which arises by operation of law to prevent unjust enrichment.”  Ashton v. Ashton, 733 P.2d 147, 150 (Utah 1987).  “[T]he plaintiff in bringing a suit to enforce a constructive trust seeks to recover specific property.”  Restatement of Restitution § 160 cmt. a (1937).   Because Lakeside is seeking to recover specific property, Lakeside must show a nexus between the alleged wrongful conduct and the property that is the target of the constructive trust action.   See Baltimore & Ohio R.R. Co. v. Equitable Bank, 77 Md.App. 320, 550 A.2d 407, 412 (1988) (“In order to impose a constructive trust as a matter of law specific funds must be ascertained as traceable to fraudulent or wrongful conduct.”);  Restatement of Restitution § 160 cmt. b (“A constructive trust is imposed because the person holding title would profit by a wrong or would be unjustly enriched if he were allowed to keep the property.”);  76 Am.Jur.2d Trusts § 207 (1992) (noting that imposition of a constructive trust requires that “specific identifiable property” be held by the defendant).

Lakeside Lumber Products, Inc. v. Evans, 110 P. 3d 154 - Utah: Court of Appeals 2005