“It is impossible to find a unified legal basis for the doctrine of the resulting trust. Discuss. Equity and Trusts – Summative Assignment 2010/”

It is important first and foremost to define the term trust according to Gardner on his book introduction to the law of trusts as a  situation in which property is vested in someone a trustee, who is under legally recognised obligations, at least some of which of proprietary kind, to handle it in certain way, and to the exclusion of any personal interest. These obligations may arise either by conscious creation by the previous owner of the property the settlor, or because some other legally significant circumstances are present .

All trusts arise by operation of law, in the sense that trusts involve legal obligations, and only the law can place legal obligations upon people . It is argued that when property has been transferred to another and the provider of that  property did not intend to benefit the recipient, equity responds by imposing a resulting trust ….(short extract)