Unlawful purpose In common law jurisdictions, a resulting trust law is a creation of the law of equity, rather than of common law (in the strict sense). Accordingly, the laws of some jurisdictions might recognize equitable defenses such as laches, unclean hands, and the responsibility to do equity. For example, if a transferor transfers property for an unlawful purpose and gains a benefit, then a court might hold that he has waived his right to claim a resulting trust. In such situations, a court balances the transferee's unjust enrichment with the enablement of cheating by the transferor. Enabling a cheater to gain from his transaction would erode the legitimacy of the court. Other jurisdictions may elect to disregard an unlawful purpose. In situations involving illegality, it can become difficult to distinguish implementation of a resulting trust theory (implied by operation of law) from an oral express trust (one implied by the facts). A transferor failing upon one theory might still prevail upon the other. Resulting trusts in English law Classification One attempt to classify resulting trusts was made by Megarry J in Re Vandervell's Trusts (no.2)[1974] Ch 269. According to Megarry J there are two sorts of resulting trusts in English law. Presumptive resulting trusts These are transfers made by A to B, where the law creates a rebuttable presumption of a resulting trust applying if the intention is not made clear by A. (written evidence produced). For example, when A transfers property to B, unless the transfer was made by father to child or by husband to wife, in the absence of any other evidence the law presumes that a resulting trust has been created for A.(Y this category excluded: i.e.:A evidence cannot stand in Course of testimony & remains Hearsay)(A will not get the property if H&W/F&C can adduce evidence it is their property and resulting trust will not arise. The main categories of fact situations giving rise to a presumption of a resulting trust are: - Where A makes a voluntary conveyance of property to B - Where A has made a monetary contribution to the purchase of property for B ( The Venture, [1908] P 218,(1907) 77 L.J.P. 105.) From these cases it can be stated that where there is a voluntary transfer of property, the law presumes the recipient holds that property on resulting trust, until the property is transferred back to the original owner,