ABSTRACT
What emerges from the foregoing discussion is that there are, in truth, a range of express trusts. This issue was raised in Chapter 2. When the court infers an intention in Paul v Constance this raises a number of questions about the more complex rights of the parties. Suppose that Mr Constance had held the property for two years before the matter came to trial and suppose that Mr Constance had attempted to use the money for an investment which Mrs Paul objected to? Ought Constance to be deemed subject to the same principles relating to investment of trust funds as ordinary trustees? There seems no reason to absolve Mr Constance from such liability – but it might seem unfair to subject him to those obligations at a time when he was ignorant not only of his status as a trustee but also of the very existence of such a legal office.
