Restitution

Abstract

Abstract Restitution is the label given to a variety of legal and equitable responses to unjust enrichment gained at the expense of another, which cause that enrichment to be given up to that other. This chapter demonstrates that resulting trust is one of those responses. It contends that resulting trusts are restitutionary because they arise by operation of law to cause a person who has received an enrichment at the expense of another, to give that enrichment up to that other. This chapter has two aims: to show that all resulting trusts affect restitution to the provider of what would otherwise be the unjust enrichment of the recipient and to identify the place of the resulting trust in the law of restitution. This chapter utilizes the taxonomy of the law of restitution developed by Professor Birks in An Introduction to the Law of Restitution.

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