Resulting trusts

Quiz Content

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A voluntary transfer of property from A to B fails. What is the consequence?

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'Resulting trusts are less real than express trusts such that a resulting trustee will not be personally liable for breach of trust.'

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A presumed resulting trust will arise in which of the following situations?
There might be more than one correct answer.

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An automatic resulting trust will arise in which of the following situations?
There might be more than one correct answer.

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'Resulting trusts are better categorized as arising due to an absence of intent rather than a presumed or imputed intent.'

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A voluntarily transfers property to B. How can B rebut the presumption of a resulting trust?

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In which of the following circumstances is it possible to recognize a presumed resulting trust?
There may be more than one correct answer.

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The presumption of advancement has been recognized in which of the following cases?
There might be more than one correct answer.

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'The effect of illegality on a transaction depends on the operation of the presumptions of resulting trust and advancement.'

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Why does Equity recognize a resulting trust following the failure of an express trust?
There might be more than one correct answer.

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'Where an express trust fails, even if the settlor intended to transfer the property absolutely even if the trust failed, a resulting trust cannot arise.'

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Why was the option held on resulting trust in Vandervell?

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Notre Dame was recently damaged by a fire. People donated money for the repairs. If the building is successfully repaired and there is a surplus of money, what would happen to it?

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'It is not possible to exclude the recognition of a resulting trust by an express contract term, as the resulting trust arises by operation of law.'

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Why was a 'secondary trust' recognized in favour of Quistclose in Barclays Bank v Quistclose?

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What distinguishes a Quistclose trust from other circumstances when money is paid for a particular purpose?

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Which of the following statements is true in relation to money received under a Quistclose trust?

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'In Twinsectra, Lord Millett considered that the money lent was held on resulting trust for Twinsectra, as the beneficial interest remains with the lender throughout, subject to the borrower's power to use the money for the specified purpose.'

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'Lord Millett's analysis that the beneficial interest is retained by the lender must be right.'

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Where a defendant is unjustly enriched at the expense of the claimant, what happens?

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A transfers £1,000 to B pursuant to a void contract. What right does A have?

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'There are some circumstances where a claimant may have a claim in unjust enrichment where that property is held on resulting trust.'

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What type of trust arises on rescission of a contract that was voidable?

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