Courts have affirmed the principle referred to as a “constructive trust” where the following elements are present:
- one party received a benefit;
- the other party received a corresponding deprivation; and
- there is no juristic reason for the benefit/deprivation.
Further to the above, in a well-known case, Kerr v. Baranow, the Court held:
“When the parties have been engaged in a joint family venture, and the claimant’s contributions to it are linked to the generation of wealth, a monetary award for unjust enrichment should be calculated according to the share of the accumulated wealth proportionate to the claimant’s contributions. “
A Court will consider the following factors when determining whether or not there is a “joint family venture”: (i) mutual effort; (ii) economic integration; (iii) actual intent; and (iv) priority of the family. Further to the above, where a Court finds that there is a “joint family venture” a party may be entitled to a payment of monies so as to allow the deprived party to a share of the accumulated wealth.