Law of Property: Equity and Trusts
Queen Mary University of London School of Law
LAW OF PROPERTY II
EQUITY & TRUSTS
Syllabus The nature of equity and the trust Express trusts o Certainty of intention, subject matter and objects o The beneficiary principle o The constitution of trusts o The duties of trustees and breach of trust Resulting trusts Quistclose trusts Constructive trusts Trusts of homes Personal liability to account Tracing
Lecture - Course Documents 2009-10
1
Queen Mary University of London School of Law
LAW OF PROPERTY II
Aims of the module The aims of the module are to ensure that students understand and are able to assess critically: the principles associated with equity and with trusts, the application of those principles to factual circumstances, the manner in which these principles affect people in their everyday lives, how they are to be reconciled with the principles governing the creation of express trusts, the imposition of trusts by law, how equity and trusts adapt to changing social conditions, and how the principle of restitution of unjust enrichment challenges the traditional understanding of equity. Lay-out of materials These lecture materials cover the module for the entire year. You are expected to read all statutory material - this will be essential for an understanding of the subject. You are also expected to read all cases marked with an asterisk * at the very least in a casebook but you are advised to read them in full in the law reports. Cases marked ** are essential reading, being leading or very important cases, and so must be read in full in the law reports. All other cases can be read in a casebook or covered in a textbook. Copies of these materials Materials for this module can be found on-line at www.alastairhudson.com/trustslaw and on the college student intranet at qmul.ac.uk. It is expected that other materials will be available on Blackboard/WebCT in due course.
Textbooks Alastair Hudson: Equity and Trusts (6th
LAW OF PROPERTY II
EQUITY & TRUSTS
Syllabus The nature of equity and the trust Express trusts o Certainty of intention, subject matter and objects o The beneficiary principle o The constitution of trusts o The duties of trustees and breach of trust Resulting trusts Quistclose trusts Constructive trusts Trusts of homes Personal liability to account Tracing
Lecture - Course Documents 2009-10
1
Queen Mary University of London School of Law
LAW OF PROPERTY II
Aims of the module The aims of the module are to ensure that students understand and are able to assess critically: the principles associated with equity and with trusts, the application of those principles to factual circumstances, the manner in which these principles affect people in their everyday lives, how they are to be reconciled with the principles governing the creation of express trusts, the imposition of trusts by law, how equity and trusts adapt to changing social conditions, and how the principle of restitution of unjust enrichment challenges the traditional understanding of equity. Lay-out of materials These lecture materials cover the module for the entire year. You are expected to read all statutory material - this will be essential for an understanding of the subject. You are also expected to read all cases marked with an asterisk * at the very least in a casebook but you are advised to read them in full in the law reports. Cases marked ** are essential reading, being leading or very important cases, and so must be read in full in the law reports. All other cases can be read in a casebook or covered in a textbook. Copies of these materials Materials for this module can be found on-line at www.alastairhudson.com/trustslaw and on the college student intranet at qmul.ac.uk. It is expected that other materials will be available on Blackboard/WebCT in due course.
Textbooks Alastair Hudson: Equity and Trusts (6th