Legal Articles

Constructive Trust: Unjust Enrichment and Breach of Fiduciary Duty

A constructive trust is an equitable device to “remedy a situation where a party has been wrongfully deprived of some right, title or interest in property as a result of fraud or violation of confidence of faith reposed in another.” Lynch v. Lynch, 260 S.W.3d 834, 837 (Mo. 2008).  It may also provide a remedy…

Quantum Meruit versus Unjust Enrichment

Although the two are often confused and melded together, quantum meruit and unjust enrichment are distinct legal theories which can form the basis for a lawsuit. In practice, they are often pleaded and argued together; however, they have different measures of damages.  Quantum meruit requires that the plaintiff prove: (1) he provided the defendant with…

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