8. Resulting Trusts

2020 ◽  
pp. 225-270
Author(s):  
Graham Virgo
Keyword(s):  
Theoretical Foundation ◽  
Partial Failure ◽  
Unjust Enrichment

This chapter examines the nature of the resulting trust. It explains that a trust is called resulting when the beneficial interest in the property returns to the person who transferred the property in the first place. It discusses the theoretical foundation of the resulting trust and its categories, which include presumed and automatic resulting trusts. This chapter examines the consequences of a total or partial failure of express trust and the Quistclose trust which arises where property is transferred for a purpose which has failed, and suggests that there is no need to expand the resulting trust to encompass claims in unjust enrichment and following the rescission of a contract.

8. Resulting trusts

2018 ◽  
Author(s):  
Graham Virgo
Keyword(s):  
Theoretical Foundation ◽  
Partial Failure ◽  
Unjust Enrichment

This chapter examines the nature of the resulting trust. It explains that a trust is called resulting when the beneficial interest in the property returns to the person who transferred the property in the first place. It discusses the theoretical foundation of the resulting trust and its categories, which include presumed and automatic resulting trusts. This chapter examines the consequences of a total or partial failure of express trust and the Quistclose trust which arises where property is transferred for a purpose which has failed, and suggests that there is no need to expand the resulting trust to encompass claims in unjust enrichment and following the rescission of a contract.

“Farewell to Unjustified Enrichment?” – A Common Law Response

2016 ◽  
Vol 20 (3) ◽  
pp. 326-337
Author(s):  
Steve Hedley
Keyword(s):  
Common Law ◽  
German Law ◽  
Unjust Enrichment ◽  
Level Of Abstraction ◽  
The Law ◽  
Unjustified Enrichment ◽  
High Level ◽  
Logical Process

In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123). The author takes the view that Jansen's paper provided a welcome opportunity to reconsider not merely what unjust enrichment can logically be, but what it is for. He argues that unjust enrichment talk contributes little of value, and that the supposedly logical process of stating it at a high level of abstraction, and then seeking to deduce the law from that abstraction, merely distracts lawyers from the equities of the cases they consider.

Corporate Governance and Performance of Organizations

2018 ◽  
Vol 9 (5) ◽  
pp. 439-446
Author(s):  
Hamid Ait lemqeddem ◽  
◽  
Mounya Tomas ◽  
Keyword(s):  
Corporate Governance ◽  
Agency Theory ◽  
Theoretical Foundation ◽  
Quantitative Approach ◽  
Governance Practices ◽  
Deductive Method ◽  
Private And Public ◽  
Is Theory ◽  
And Performance ◽  
Do So

There is renewed interest in the need to focus on corporate governance in an environment where it is a performance imperative for all small and large organizations, private and public, beginner or established.The purpose of this study is to demonstrate the place of corporate governance practices in organizations to ensure that the board, officers, and directors take action to protect shareholder interests and all stakeholders. It is important to focus on the effect of these practices on improving performance and competitiveness. To do so, we opted for the hypothetico-deductive method with a quantitative approach. Our theoretical foundation is theory is agency theory.

SERGEY PROKOFIEV’s PETER AND THE WOLF THROUGH AN INTERMEDIAL LENS

Mousaion ◽  
2015 ◽  
Vol 33 (2) ◽  
pp. 140-154
Author(s):  
Elma De Kock
Keyword(s):  
Research Method ◽  
Theoretical Foundation ◽  
Original Music ◽  
Folk Tale ◽  
Sergey Prokofiev ◽  
Poetic Text ◽  
Practice Based Research ◽  
The Media ◽  
Artistic Product

Peter and the wolf is an intermedial work based on a folk tale originally written and composed by the Russian composer Sergey Prokofiev in 1936 (Hanson and Hanson 1964). Since few recent adaptations of the work in Afrikaans exist, a combined intermedial project was undertaken to recreate the work using practice-based research. The stages of this research method have brought forth a poetic text, the realisation of the original music, illustrations, and a voice artist to read the created text. To accomplish the final artistic product, it was important to obtain a theoretical foundation of practice-based research, intermediality, adaptation and the different media involved in the created word. The intermedial effects between the different media in the project provided the results of the study, stemming not only from the readers’ simultaneous experiences of the media as they read or listen to the work but, as it also became clear, from the mutually complementary effects between the different media of which their combination provided a richer final product.

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