Equitable Protection of Restitution: The Constructive Trust and Equitable Lien

This lesson will cover two of the most powerful equitable remedies, the Constructive Trust and the Equitable Lien. This lesson is intended to supplement your classroom study of these remedial tools, and to explore their utility more deeply. Another lesson, "Equitable Protection of Restitution: The Accounting for Profits," is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define constructive trust.
2. Define an equitable lien.
3. Explain when constructive trusts and equitable liens are available.
4. Discuss constructive trust as an equitable remedy.
5. Analyze the purpose of equitable lien as an equitable remedy.