Resulting Trusts

Hardcover | May 1, 1997

byRobert Chambers

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The 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 establishedtextbooks 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 opertaionof 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 areproperly 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.

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The 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 establishedtextbooks on equity and trusts, but these tend ...

Robert Chambers is at Melbourne University.

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Format:HardcoverDimensions:290 pages, 9.21 × 6.14 × 0.79 inPublished:May 1, 1997Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198764448

ISBN - 13:9780198764441

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"...excellent book on resulting trusts...Why should you read Chamber's book on Resulting Trusts? It provides clarity and insight into the way forward. Practitioners, academics and the bench should have a more consistent and logical understanding of the resulting trust. Its application shouldbecome more consistent and it may be used more frequently outside the standard categories. Chambers offers not only a better but a different understanding of the resulting trust."