Resulting Trusts Questions:

1. Are resulting trusts imposed in order to prevent the unjust enrichment of the recipient of property or to give effect to the intention of the provider of property? Or is there no convincing theoretical explanation of the resulting trust?
2. What is the justification for the presumption of advancement? Should the presumption be abolished, extended (for example, to transfers of property between de facto partners) or left as it is?

1. 'The presumptions of resulting trust and advancement are no longer relevant to solving family property disputes. Legislation, rather than equity, applies to these disputes.' Do you agree?
2. X donates $100 to a fund established to campaign for a recreation centre to be built in her suburb. A week later the council agrees to build the recreation centre and the fund is wound up. Is X entitled to the return of her $100? What personal and proprietary remedies, if any, could X claim?
3. Is the Quistclose trust an express trust, a resulting trust or a constructive trust?
4. L lends B $20 000 solely for the purpose of enabling B to buy computer equipment for his business. B spends the money, together with $5000 of his own money, in buying shares in the Magnifico Gold Company. The shares are now worth $50 000. Advise L.