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acquired agreement applied argument arise asset assignment bailee bailment bank beneficial interest beneficiary benefit book debts buyer chattel chose in action circumstances claim claimant common law Compaq constructive trust Court of Appeal court of equity created creditors damages debtor decision defendant defendant's doctrine duty effect entitled equitable charge equitable interest equitable lien existence extract fact favour fiduciary floating charge fund gift give held House of Lords injunction insolvency intention judgment land legal title liability loss mixed mortgage obligation owner ownership paid payment personal property plaintiff possession present principle proceeds profit proprietary interest purpose question reason received recover relationship relevant remedy restitution restitutionary resulting trust retention of title rule seller shares specifically enforceable subrogation third party tion title clause tort tracing transaction transfer trust money trust property unjust enrichment vendor Wrotham Park