Which of the Following Statements Is False in Relation to the Relationship

question 6

Multiple Choice

Which of the following statements is false in relation to the relationship between resulting trusts and an action in restitution for unjust enrichment

• A) A restitutionary resulting trust arises where a party receives unjust enrichment from a contract which fails for lack of consideration or under a mistake.
• B) Resulting trusts do not arise in situations of unjust enrichment through mistake since the conscience of the recipient of the payment would not have been affected at the time of the transaction, as they would have been unware of the mistake.
• C) Resulting trusts do not arise in relation to claims for unjust enrichment as it would provide unwarranted proprietary entitlements to the claimants.
• D) Resulting trusts and unjust enrichment are separate actions, but can be pleaded together on the same set of facts.

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