  (3) Even if there is some way to characterise the ‘material’ facts, it does not eliminate distinguishing. Take later trust case, for example, in which the recipient has paid nothing for the trust property but has acted detrimentally in reliance on the receipt. The recipient is still a ‘volunteer’ who has not transferred anything to the trustee for the property, but there has been reliance upon the receipt. This may well lead a later court to distinguish the earlier case, although the facts are otherwise identical to those in the original case. On the other hand, if the claim is that the precedent case is only binding when both (a) the ‘material facts’ are present, and (b) no other relevant facts are present, then it is no longer a ‘rule-based’ account of precedent—it is simply reasserting the minimal requirement that the decision in the later case must not be inconsistent with the result reached in the precedent case.