Final answer:
A resulting trust is a type of trust where one person holds property on behalf of another person. A hybrid trust combines features of both express and resulting trusts. The justification for the resulting trust - hybrid trust is to honor the intentions of the parties involved and ensure the property is held in accordance with the principles of justice.
Step-by-step explanation:
A resulting trust is a type of trust that is created when one person holds property on behalf of another person, but the legal title is held by the first person. A resulting trust can be established when the legal title to property is transferred but it is clear that the transfer was not intended as a gift. In the case of a hybrid trust, it is a trust that combines features of both express and resulting trusts.For example, if a person purchases a property in their own name, but it is clear from the circumstances that they intended to hold the property for the benefit of someone else, a resulting trust may be imposed. This can happen in situations where someone buys a property using another person's money or where there is an oral agreement that the property is being held for someone else's benefit.Overall, the justification for the resulting trust - hybrid trust is to ensure that the intentions of the parties involved are honored and that the property is held in accordance with the principles of justice.
The question pertains to the concept of resulting trust and the notion of a hybrid trust, which involves a combination of elements from different types of trusts. In the context provided, Cinner and Aswani discuss hybrid systems in relation to customary and marine conservation management. They articulate principles that may also be reflective in the arena of trusts and equity.The principles outlined:A person who acquires a holding based on the Principle of Justice in acquisition is rightfully entitled to that holding.A person who acquires a holding in line with the Principle of Justice in transfer, originating from someone else who is rightfully entitled to the holding, is validated in their entitlement.No one can claim entitlement to a holding unless it is a consequence of the previous two principles.This framework mirrors the legal underpinnings of resulting trusts, where property is held by one person but is intended to benefit another based on the principles of justice and equity.