  (For a more detailed discussion, see MacCormick 1987, 170ff.)  To take an example, the court may be faced with a case in which the trustee of property held on behalf of the plaintiff has wrongfully transferred that property to the defendant. The plaintiff sues the defendant to recover the property which was transferred in breach of trust.  The plaintiff argues that since (i) the defendant has received trust property (ii) in breach of trust and (iii) has not paid for the property, she should restore the property to the trust.  The defendant argues, on the other hand, that since (iv) the trustee had a good title to the property, (v) the power to transfer it and (vi) the defendant acted in good faith, unaware of the breach of trust, she is entitled to retain it. The court will assess the situation and may rule that factors (i)–(iii) do give the plaintiff a good action, i.e., that a recipient of trust property transferred in breach of trust who has not paid for the property must restore it. In its reasoning the court will explain why the fact that the defendant received the property as a gift means that it should be restored to the trust, despite the trustee having the legal power to transfer the title.