Following an 11-day trial, court examined the role of presumptions of resulting trust and advancement in inter vivos property transfers.
property
In assessing personal injury damages, gratuitous or benevolent payments received by the plaintiff from third parties are not to be deducted from the damages award.
Knowing receipt of trust property requires actual knowledge of the breach of trust or circumstances that indicate impropriety to establish constructive trust liability.
Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.
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