Question
In remedies law, is it correct to say that a violation of the Statute of Frauds prevents the granting of a constructive trust? say for
In remedies law, is it correct to say that a violation of the Statute of Frauds prevents the granting of a constructive trust? say for instance that plaintiff sued defendant because defendant stole some money from him after he breached a contract that turned out to fail the SOF requirements (however P had performed his portion of the K) he had with P and now D has used the money to buy a house (and D is otherwise insolvent). If P wants the court to grant a constructive trust over that house will the fact that the K failed the SOF prevent P from getting the constructive trust? does it change the result that P had in fact fully performed his part? meaning that the part performance exception to the SOF would apply, or would the constructive trust remedy be out of P's reach?
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