Gardie...I think Crans knows that a "Constructive trust" is...

Gardie...I think Crans knows that a "Constructive trust" is indeed a remedy...However this case is all about proving breach of fidiciary duty by barnes and grimaldi..alleging that they mis appropriated funds from Chm.which supposedly ended up with MMx..who then used those funds to purchase Winterfall and thereby Jack hills....CHM want a Constructive trust as aremedy so its kinda like suing to get a constructive trust over jack hills and profits etc...however when you read up on Constuctive trust as a remedy you find that they are extremely difficult to get as a result, I think thats the point being made...Also you find that in order to use a "CS" as a remedy the judge has to be shown and be able to see a direct trace to any funds etc used in the supposed transaction and then any "CS" used as a remedy is made in the proportion of funds used ie if total transaction was $11 mill and only $1 mill of the plaintiffs money used then an award of approx 9%...But still so very difficult to get a "CS" as a remedy only happens in (as posted before by someone else) about 2% of cases where it is argued for