12. Restitution, unjust enrichment, and the law of trusts

Abstract

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the various ways in which the law of trusts can be seen to provide remedies that can be described as ‘restitutionary’, and whether any aspects of the law of trusts should be treated as part of the law of unjust enrichment. This is one of those areas of trust law where these issues have been most often raised, the law of resulting trusts, the law of tracing, and the law governing breach of trust.