A constructive trust requires all of the following except

• A. A confidential or fiduciary relationship
• B. A promise, express or implied
• C. Transfer of the subject property in reliance on the promise
• D. Absence of unjust enrichment

Answer: (D)

Constructive trusts are an equitable remedy used when someone holds property under circumstances that would make it unjust for them to keep it. The usual triggers are a confidential or fiduciary relationship, a promise regarding the property (express or implied), and a transfer of the property or an interest in reliance on that promise. The remedy exists precisely to prevent someone from being unjustly enriched by keeping property they shouldn’t have.

The option about absence of unjust enrichment isn’t a required element. In fact, unjust enrichment is the problem the constructive trust is designed to prevent; showing that the defendant would be unjustly enriched if allowed to retain the property is what supports imposing the trust. The other factors—a confidential or fiduciary relationship, a promise concerning the property, and transfer in reliance on that promise—are the factors that bring a case within this doctrine.