Explain the following concepts and doctrines and give an example of each:
- concept of trust de son tort (constructive trust) (5%)
- doctrine of discovered peril (last clear chance) (5%)
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III.
a.
Constructive trusts are created by the construction of equity in order to satisfy the demands of justice and prevent unjust enrichment. They arise contrary to intention against one who, by fraud, duress, or abuse of confidence, obtains or holds the legal right to property which he ought not in equity and conscience to hold.
Example: Property is acquired through fraud by Pedro from Juan. Pedro is, by force of law, considered a trustee for the benefit of Juan
b.
The doctrine of discovered peril or last clear chance states that where both parties are guilty of negligence, but the negligent act of one succeeds that of the other by an appreciable interval of time, the one who has the last reasonable opportunity to avoid the impending harm and fails to do so, is chargeable with the consequences without reference to the prior negligence of the other party.
Example: A car is wrongly parked near the road. An overspeeding bus hits the car. Driver of the bus had the last clear chance to avoid the accident; he is therefore liable.
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