Constructive trust obligation: advantage obtained by a qualified owner must be held for all interested persons, subject to expense repayment. Where a tenant for life, co-owner, mortgagee or other qualified owner gains an advantage by availing himself of his position to the detriment of other persons interested, the advantage must be held for the benefit of all persons so interested; the holder may be repaid proper expenses and must be indemnified by those persons against liabilities properly contracted in obtaining the advantage.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Constructive trust obligation: advantage obtained by a qualified owner must be held for all interested persons, subject to expense repayment.
Where a tenant for life, co-owner, mortgagee or other qualified owner gains an advantage by availing himself of his position to the detriment of other persons interested, the advantage must be held for the benefit of all persons so interested; the holder may be repaid proper expenses and must be indemnified by those persons against liabilities properly contracted in obtaining the advantage.
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