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Critically discuss these statements in relation to the presumed resulting trust. 'Judges presume that, unless a transferor has made her intention clear, she is not

Critically discuss these statements in relation to the presumed resulting trust.

  • 'Judges presume that, unless a transferor has made her intention clear, she is not making an absolute gift. In this regard, Equity presumes that people are fundamentally self-interested. In matters of property ownership, this is correct.'
  • 'The family is a site of altruism. It is no place for the presumed intention resulting trust. The presumption of advancement should not be abolished. Doing so, does not serve the interests of either wives or children.'

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