Resulting Trust Doctrine (Lionel Smith, 27 Jul 1999)

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Sender:	Lionel Smith
Date:	Tue, 27 Jul 1999 10:34:40 +0100
Re:	Resulting Trust Doctrine

Air Jamaica Ltd. v. Charlton [1999] 1 WLR 1399 (PC, Jamaica): pension scheme surplus: at 1412BC per Lord Millett: "Like a constructive trust, a resulting trust arises by operation of law, though unlike a constructive trust it gives effect to intention. But it arises whether or not the transferor intended to retain a beneficial interest - he almost always does not - since it responds to the absence of any intention on his part to pass a beneficial interest to the recipient."

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