The absence of an express or implied contractual obligation prohibiting the mixing of contributed funds with the putative trustee's own moneys is a critical and potentially dispositive factor against inferring an intention to create a trust over those funds. For liability for knowing procurement of breach of trust and knowing receipt under the first limb of Barnes v Addy, knowledge of the facts constituting the trust is sufficient; it is not necessary that the defendant appreciate that those facts constitute a trust in law.
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