A constructive trust, on the other hand, arises by operation of law but not because the parties had intended to create a trust but because the equity Court is enforcing a remedy by imposing a trust on property in order to prevent the unjust enrichment of the wrongdoer. In the words of Judge Cardozo:
“A constructive trust is the formula through which the conscience of equity finds expression. When property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest, equity converts him into a trustee.”
Beatty v. Guggenheim Exploration Co., 225 N.Y. 380, 386, 122 N.E. 378, 380 (1919). Constructive trusts “may arise because the property was acquired through duress, fraud, undue influence or mistake, or through a breach of fiduciary duty, or through wrongful disposition of another’s property.” Siemiesz, 237 Md. at 442.