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In Re West Sussex (1930) Fund Trusts [1971] Ch 1

Question 3

Multiple Choice

In Re West Sussex (1930) Fund Trusts [1971] Ch 1 most of the surplus property on dissolution of an unincorporated association went to the Crown, not the members. This was not the case on similar facts in Re Bucks Constabulary Fund (No 2) [1979] 1 WLR 936. Which of the following statements best explains the legal reasons for the difference in the decisions? (Think carefully before answering) .


A) The association in Re West Sussex was subject to different rules of the association governing membership than in Re Bucks, and the rules did not provide sufficient clarity so the property went to the Crown bona vacantia.
B) In Re West Sussex, the donors of funds could not be identified, so passed to the Crown, but they were identifiable in Re Bucks.
C) In Re Bucks, the court applied the mutual contract theory, whereas in Re West Sussex the court applied the presumptions of resulting trust and bona vacantia.
D) In Re West Sussex, most of the original members of the association were dead, but in Re Bucks the majority were still alive.

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