reword to sound better: A court will grant a remedial constructive trust in situations where it is necessary to prevent unconscionable conduct. Typically when one party has acquired property in an unfair or dishonest manner, and it would be unjust for them to retain it. A constructive trust is designed to give the court the power to right a wrong, to make a situation fair that otherwise would not be. In Muschiniski v Dodds the majority used constructive trust to protect the Plaintiffs interest. The rationale of the constructive trust must still be found essentially in its remedial function which it has predominantly retained.