This chapter considers constructive trusts which are the second type of implied trusts. They arise by operation of law and are imposed in a variety of situations. The chapter considers the difficulties in defining a constructive trust. Some writers consider that they fill a gap in the law and definition is unnecessary. There is a further debate aboutthe use of constructive trusts in England and Wales which is to respond to a number of well-defined situations [an institutional constructive trust] as opposed to other jurisdictions which use constructive trusts as a remedy to reverse unjust enrichment. Constructive trusts have been imposed as a way of enforcing contracts for the sale of land and enforcing rights in the family home. They are also used to address unauthorised gains by a fiduciary which has been a controversial use for many years aswell as an explanation of rights arising under secret trusts and mutual wills. The debate as to why England and Wales does not use the remedial constructive trust is explored in some detail and concludes that in spite of increasingly sympathetic leanings towards the remedial constructive trust it has yet to be adopted in courts in England and Wales.