Although disputes upon the termination of a marriage are usually resolved in accordance with a legislatively determined scheme, similar disputes between unmarried cohabitees (except in certain Australian jurisdictions) fail to be determined on the basis of rules developed by the courts. Much of the difficulty surrounding the area is attributed to the fact that it straddles a number of the traditional legal compartments, falling somewhere between equity, property, family, contract and restitution. The present book attempts to break down some of the barriers which in the past have hindered a...
Although disputes upon the termination of a marriage are usually resolved in accordance with a legislatively determined scheme, similar disputes betwe...
Interest in resulting trusts has greatly increased in recent years, spurred by academic arguments that such trusts should be seen as a response to unjust enrichment and, therefore, as capable of arising in a wider range of situations than previously understood. This book provides a comprehensive analysis of the different types of resulting trust, including the purchase money resulting trust, the resulting trust arising upon a voluntary transfer of property and the 'automatic' resulting trust. It also examines the unclear relationship between the resulting trust and two other significant types...
Interest in resulting trusts has greatly increased in recent years, spurred by academic arguments that such trusts should be seen as a response to unj...
