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Understanding Trust in Invitum: An Equitable Remedy Explained
Definition & Meaning
Trust in Invitum refers to a legal principle where a court imposes an equitable remedy against someone who has wrongfully obtained property. This concept aims to prevent unjust enrichment, meaning that an individual should not benefit at another's expense due to unethical behavior. Unlike traditional trusts, there is no fiduciary relationship involved. Instead, equity intervenes to ensure fairness, converting the individual who holds the legal title into a trustee for the rightful owner.
Table of content
Legal Use & context
This term is primarily used in civil law contexts, particularly in cases involving property disputes and unjust enrichment. It can be relevant in various legal areas, including contract law and tort law. Users may find it helpful to utilize legal templates from US Legal Forms to draft necessary documents related to claims of unjust enrichment or to respond to such claims effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A contractor completes work on a property but is not paid due to the homeowner's refusal to honor the contract. If the homeowner benefits from the work without compensating the contractor, the court may impose a trust in invitum to ensure the contractor receives payment.
Example 2: A person finds and keeps a lost item that belongs to someone else. If the original owner can prove ownership, they may seek a trust in invitum to reclaim their property (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Recognizes trust in invitum in cases of unjust enrichment, emphasizing restitution.
New York
Follows the principles established in Beatty v. Guggenheim Exploration Co. for equitable remedies.
Texas
Applies similar principles but may have specific procedural differences in claims.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Constructive Trust
A remedy imposed by a court to benefit a party who has been wronged.
Involves a fiduciary relationship; trust in invitum does not.
Express Trust
A trust created intentionally by the parties involved.
Requires explicit terms; trust in invitum arises from wrongful conduct.
Common misunderstandings
What to do if this term applies to you
If you believe that trust in invitum applies to your situation, consider the following steps:
Gather evidence to support your claim of wrongful acquisition of property.
Consult with a legal professional for tailored advice on your case.
Explore US Legal Forms for templates that can assist you in filing a claim or responding to one.
In complex situations, seeking professional legal help is advisable.
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