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The presumptions of presumed resulting trusts and of advancement are today false and outmoded so that only lip-service is paid to them in establishing where the onus of proof lies.  

Member rating: 6 out of 10 stars (1 vote) | Words: | Submitted: Fri Jan 28 2005

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"The presumptions of presumed resulting trusts and of advancement are today false and outmoded so that only lip-service is paid to them in establishing where the onus of proof lies. Instead the courts should presume that the legal title reflects the intentions of the parties unless there are circumstances (not the out-dated false presumptions), which displace it in equity. Discuss. Name: Sarah-lee Thompson Student Number: 13102102 Module title: Law of Equity and Trusts Module code: LAW504J1 Course: LLB Law and Government - Full time, Yr 3 Date: 26th November 2004 "The presumptions of presumed resulting trusts and of advancement are today false and outmoded so that only lip-service is paid to them in establishing where the onus of proof lies. Instead the courts should presume that the legal title reflects the intentions of the parties unless there are circumstances (not the out-dated false presumptions), which displace it in equity. Discuss. The debate involving presumed resulting trusts and the...

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