Resulting Trusts
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By: Robert Chambers
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.
AI Overview
Overview of "Resulting Trusts" by Robert Chambers
Key Themes:
- Nature of Resulting Trusts: The book delves into the fundamental principles of resulting trusts, exploring whether these trusts arise by operation of law or depend on the presumed intention to create a trust.
- Equity and Unjust Enrichment: It examines the role of resulting trusts in reversing unjust enrichment, questioning why this function is often attributed to constructive trusts rather than resulting trusts.
- Case Law Analysis: The book provides a detailed analysis of case law from the UK, Canada, and Australia, including significant judgments like the Westdeutsche case.
- Jurisdictional Views: It discusses the views of courts in various jurisdictions, aiming to provide a comprehensive understanding of the doctrine of resulting trusts.
Plot Summary: The book is structured to address the uncertainties surrounding resulting trusts. It begins by identifying the various definitions of resulting trusts from different writers, followed by a theoretical framework for understanding these trusts within the context of the law. The author then delves into the case law, examining the situations in which resulting trusts arise and the principles that govern them. The book also considers the broader implications of resulting trusts in reversing unjust enrichment, challenging the conventional view that this function is solely the domain of constructive trusts.
Critical Reception:
- Academic Impact: The book is considered a significant contribution to the field of equity and trusts. It is noted for providing more than just a catalogue of situations in which resulting trusts arise, instead offering a detailed examination of the doctrine and its application in various jurisdictions.
- Comprehensive Text: The book is praised for its comprehensive and up-to-date coverage of recent doctrine and case law. It is seen as a valuable resource for academics and practitioners working in the field of trusts law.
- Relevance: Despite the common perception that resulting trusts have received little attention, the book highlights the importance of this area of law and its interaction with other concepts like unjust enrichment.
Publication Details:
- Author: Robert Chambers
- Publisher: Oxford University Press (Clarendon Press)
- Publication Date: July 17, 1997
- Pages: 260 pages
- ISBN: 0198764448 (hardback)
Overall, "Resulting Trusts" by Robert Chambers is a seminal work that provides a thorough examination of the resulting trust doctrine, addressing key themes and uncertainties in the field. Its comprehensive analysis and detailed case law coverage make it a valuable resource for academics and practitioners alike.