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
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 ed.: Routledge-Cavendish, 2009). The publisher‟s companion website also contains podcasts by Professor Alastair Hudson on various aspects of this module and other materials. “Hudson” Hanbury and Martin: Modern Equity (18th ed., by Dr J. Martin: Sweet & Maxwell, 2009): “ME”. Pettit: Equity and the Law of Trusts (11th ed.: OUP, 2009): “PET”. Parker and Mellows: The Modern Law of Trusts (8th ed., by A.J. Oakley: Sweet & Maxwell, 2003). Further textbooks:Virgo, The Principles of the Law of Restitution (2nd ed., Oxford University Press, 2006), very good on the restitutionary aspects in chapters 1, 20 and 21. Pearce and Stevens: The Law of Trusts and Equitable Obligations (OUP, 2008). Penner, The Law of Trusts (4th ed.: Core Text, OUP, 2003). Cases and materials books:Maudsley and Burn: Trusts and Trustees: Cases and Materials (7th ed.: Butterworths 2008) – an excellent digest of the most significant cases. Hayton and Marshall: Cases and Commentary on the Law of Trusts (12th ed.: Sweet & Maxwell 2005) – the textual elements are dense but they repay close attention; unfortunately in this most recent edition the editors have seen fit to remove a number of useful cases. Moffat: Trusts Law: Text and Materials (4th ed.: CUP 2005) – a very interesting, alternative view of the law. Introductory reading:Hudson, Understanding Equity and Trusts (3rd ed, Cavendish, 2008): for introductory reading in those dark, early days or before revision begins.) 2
Hackney, Understanding Equity and Trusts (Fontana, 1987: a good introduction but out of date). Hayton, The Law of Trusts (4th ed.: Sweet & Maxwell, 2003: a very good introduction). Practitioners' texts:In England, the newest practitioner text is GW Thomas and AS Hudson, The Law of Trusts (1e, Oxford University Press, 2004, 1,907pp; 2e, 2010) which not only considers the basic principles of trusts law but also puts them in the context of particular uses of trusts in practice. This is not recommended as a basic text. You may find it...