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 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.
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 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.
"In the relatively small compass of some 250 pages, Dr Robert
Chambers has succeeded in giving us a sound theoretical basis for
that neglected remedy, the resulting trust...excellent and very
thorough material...I recommend the book heartily to all who labour
in the law of trusts and restitution."
"This addition to the field is a stimuating illustration of what
Lord Goff of Chieveley has identified as the matter of great
difficulty in fixing the role of equitable proprietary claims in a
coherent law of restitution."
"The Book is commendable because of its clear analysis of the
relevant areas of trust theory, and also because of the way in
which this is interwoven with recent restitution re theory and
cases. That gives it balance...I would recommend the book both to
those interested in the theory behind resulting trusts, and also to
those who must apply them in practice."
"...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 should become 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."
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