Resulting Trusts

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Description

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.

Review: 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.