Which of the following most accurately explains the rationale behind resulting trusts? (Think carefully before answering) .
A) Resulting trusts arise to give effect to simple property rules that a person remains owner of property that has not properly been transferred to someone else.
B) Resulting trusts arise to remedy defects in relation to the beneficial ownership of property.
C) Resulting trusts arise to give effect to the presumed or common intention of the parties involved.
D) Resulting trusts arise in response to the absence of intention on the part of the transferor to pass a beneficial interest to the transferee.
Correct Answer:
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