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(p. 105) 5. Resulting Trusts: Ineffective Disposition of Benefit 

(p. 105) 5. Resulting Trusts: Ineffective Disposition of Benefit
Chapter:
(p. 105) 5. Resulting Trusts: Ineffective Disposition of Benefit
Author(s):

Gary Watt

DOI:
10.1093/he/9780198737650.003.0005
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date: 06 December 2019

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the theoretical basis of the resulting trust and, in particular, the competition between the theory that resulting trusts preserve the transferor’s property rights and the theory that resulting trusts reverse the transferee’s unjust enrichment. It identifies orthodox categories of resulting trust and the circumstances in which a resulting trust arises in response to the presumed intention of the transferor, and the circumstances in which that presumption may be rebutted.

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