 Whilst one response has been to suggest that whether a resulting trust or enforcement of the secret trust is most appropriate remedy is a question for the courts, subsequent cases have typically defined the automatic resulting trust, as in this case, as operating as a matter of law and not a question for the courts, and this should be settled by parliament legislation.Alastair Hudson has also argued that the fraud argument is significantly flawed.The theory suggests that liability for the property comes about from fraud; in fact, liability comes about as soon as the trustee accepts the property to hold on trust, and so the fraud theory is not necessary to bind the trustee's hands.