...Examination of the relationship between the usual remedies for the recovery of property such as rectification and rescission and resulting trust is the main concern of this chapter. It argues that whenever a provider of property to another is entitled to rescind a transaction or rectify...

...Fiduciary obligations create liabilities which are not necessarily restitutionary. This chapter examines the resulting trustee's fiduciary obligations. It contends that fiduciary obligations associated with a resulting trust depend on the situation in which the trust arises. Further, the chapter...

...This chapter begins with a brief summary of the discussions presented in the previous chapters. It then discusses the three areas affected by the understanding of the resulting trust put forward in this book: the classification of trusts, the availability of proprietary restitution...

...This chapter argues that resulting trusts always arise to effect restitution of unjust enrichment. It then explains how that understanding of the resulting trust in its traditional categories can provide the paradigm for understanding all property rights to restitution of unjust enrichment...

...The presumptions of resulting trust and advancement are discussed in this chapter. The chapter is concerned with the conventional category of trusts which came about in favour of people who either gratuitously transfer property to others or provide the consideration for the transfer of property...

...The dichotomy of ‘presumed’ and ‘automatic’ resulting trusts are illustrated in this chapter. It focuses on the resulting trust which arises when an express trust fails to dispose of all the property conveyed to the trustees. This chapter argues that the distinction between presumed and automatic...

...Restitution is the label given to a variety of legal and equitable responses to unjust enrichment gained at the expense of another, which cause that enrichment to be given up to that other. This chapter demonstrates that resulting trust is one of those responses. It contends that resulting trusts...

... the recipient makes the enrichment of the recipient unjust and whether giving rise to a right of restitution also gives rise to a resulting trust. One of the assertions of this chapter is that when the recipient is unaware that the provider has only a qualified intention to transfer the benefit of the property...

.... Equitable property rights might be created by an express trust, by a resulting trust, or by a constructive trust. Once the proprietary base is established, it is necessary to follow or trace the value of property into the defendant’s hands. The tracing rules are considered at Law and in Equity, including...

...In this chapter, a brief identification of resulting trust is first presented. Several definitions are given, these coming from several writers. Two situations where resulting trusts mostly arise as well as the distinction between presumed and automatic resulting trusts are illustrated...

... On the contrary, implied trusts such as constructive and resulting trusts are seldom recognized in Scots law outside the basic case of solicitors holding client moneys on trust in their ‘client accounts’. ⁶⁰ 15.44 One of the reasons for the reluctance of the Scottish courts to impose constructive...