Constructive trust

Real trust:
1) enforceable contract
2) imperfect gift

Fake trust: 2 types: institutional (arise by rules) and remedial (court's discretion)

Reasons of why remedial trust arise: Professor Birks: events which give rise to right:
1)manifestation of consent 2)wrong 3)unjust enrichment 4)others
Wrong-doing: CL: damages e: liability to account as a constructive trustee, or, equitable compensation
Lister v Stubbs Dubai Aluminium, Lord Millett suggested to jettison the language of constructive trust
AG for HK v Reid, Lord Templeton: there is a C trust because "equity considers as done that which ought to have been done"
Unjust enrichment
Chase Mangattan v Isarel-British Bank, mistaken payment: equitable property in the transferor, the legal property in transferee, so there is a trust arisen by operation of law.
Criticism: this is wrong, because there is no pre-existing interest.
This case is disapproved in Westdeutsche Landesbank v Islington LBC