Subrogation that arises by operation of law or by implication in equity to prevent fraud or injustice. • Legal subrogation usu. arises when (1) the paying party has a liability, claim, or fiduciary relationship with the debtor, (2) the party pays to fulfill a legal duty or because of public policy, (3) the paying party […]
An equitable remedy that a court imposes against one who has obtained property by wrongdoing. • A constructive trust, imposed to prevent unjust enrichment, creates no fiduciary relationship. Despite its name, it is not a trust at all. Cf. resulting trust. — Also termed implied trust; involuntary trust; trust de son tort; trust ex delicto;
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accounting for profits 返还收益之诉 衡平法上的一种救济。对存在信用关系〔fiduciary relationship〕之人提起的要求其返还由于违反此种关系而获得之收益的诉讼。
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arm’s-length, adj. Of or relating to dealings between two parties who are not related or not on close terms and who are presumed to have roughly equal bargaining power; not involving a confidential relationship (an arm’s-length transaction does not create fiduciary duties between the parties). Cf. ARM-IN-ARM M. [Cases: Contracts 1; Fraud 7. C.J.S. Contracts