ABSTRACT
But the reliance on conscience by itself is not a trigger for the recognition of a trust, of whatever
Although the resulting trust might be considered to fall within the category of consent, since it is
sometimes categorised as depending on the common intention of the parties,112 the preferable view
is that it arises by operation of law,113 and so within the category of unconscionability, regardless of
the debate as to whether this type of trust is triggered by a positive intent of the transferor or the
The fact that unconscionability operates as a unifying principle rather than as a trigger for the
application of vague discretion is particularly well illustrated by the law on constructive trusts.
