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Abstract

[extract] The following issues will be examined: (1) Does title to property pass where its purported transfer is caused by the purported transferor’s mistake? (2) If the purported transferor’s mistake prevents title from passing to the purported transferee, does the purported transferee: (a) receive neither the legal nor the equitable title to the property, so that he will be liable to the purported transferor in conversion; or (b) receive the legal title to the property as an innocent volunteer; or (c) receive the legal title to the property as a resulting trustee; or (d) receive the legal title to the property as a constructive trustee? (3) If title does not pass to the purported transferee, and if the purported transferee does not receive the property as a trustee, is the defence of adverse change of position available to the purported transferee where the property remains traceable by the purported transferor?

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