Principle

EQUITY AND TRUSTS — Resulting Trust — Necessity for Pleading and Proof

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

Resulting trust arises from presumed intention where property is provided by one party. Breach of trust must be pleaded specifically in the defence. Failure to plead resulting trust or breach is prejudicial. The principle applies to equity and trusts litigation. The rule ensures fair notice…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in