Resulting TrustsThe resulting trust has received little attention in recent years and this may be because, until relatively recently, the law relating to resulting trusts was thought to be settled and uncontroversial. Most of the current academic writing about resulting trusts is found in the established textbooks on equity and trusts, but these tend to provide little more than catalogues of the situations in which resulting trusts arise. There is, however, very little consensus on the principle by which the resulting trust operates, including the fundamental question whether it arises by opertaion of law or depends on the presumed intention to create a trust. This book examines the true nature of the resulting trust and the question whether the trusts brought into being to reverse unjust enrichment should not include resulting trusts. It then considers whether, when resulting trusts are properly understood, it does turn out that it is through the resulting trust that equity makes its principle contribution to reversing unjust enrichment. This book examines principally the case law of the UK, Canada and Australia, and it also makes reference to the views of academic commentators as found in the standard texts and law journals. |
Contents
E Automatic Resulting Trusts Abroad | 1 |
Apparent Gifts | 11 |
Trusts Which Fail | 40 |
Quistclose Trusts | 68 |
Restitution | 93 |
Vitiated Intention | 111 |
Qualified Intention | 143 |
Mere Equities | 171 |
FirstMeasure Liability | 185 |
Fiduciary Obligations | 194 |
6880 | 205 |
104 | 211 |
Conclusion | 220 |
245 | |
257 | |
Common terms and phrases
apply assets Bank basis beneficial interest beneficial ownership beneficiary benefit the recipient Birks bona fide purchase bona vacantia breach of trust Brougham Burrows Ch.D Chapter constructive trust Court of Appeal Cowcher create a trust creditors defendant Diplock discussed duty entitled equitable interest express trust fact failed failure of consideration favour fiduciary obligations fund gift give rise Goff and Jones Goldcorp Gummow Ibid incapacity innocent recipient intention to benefit intention to create Islington lack of intention law of restitution Law of Trusts lender Lord Browne-Wilkinson Lord Goff Megarry Millett mistake non-voluntary transfer paid parties plaintiff presumption of advancement presumption of resulting principle provider provider's intention purpose Quistclose trust receipt recipient's recover recovery rescission response restitutionary resulting trust arises Scott and Fratcher settlor Sinclair situation tion transaction transfer of property trust property trustee's ultra vires undue influence unjust enrichment unjust factor Vandervell void contract Westdeutsche Youdan