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Resulting Trusts$
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Robert Chambers

Print publication date: 1997

Print ISBN-13: 9780198764441

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198764441.001.0001

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Apparent Gifts

Apparent Gifts

(p.11) 1 Apparent Gifts
Resulting Trusts

Robert Chambers

Oxford University Press

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 to others. This chapter identifies the facts which gave rise to the presumptions of the resulting trust or advancement, i.e the primary facts which must exist before the court will infer certain secondary facts regarding intention. It also examines the secondary facts being inferred, i.e. what the court is presuming when either of the two presumptions is applied. Further, the principles of resulting trusts, i.e. how the resulting trusts respond to the facts proven and presumed, are also investigated.

Keywords:   resulting trust, transfer, property, presumptions of resulting trust, principles of resulting trusts

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