This brand new collection from one of the leading names in Equity and Trusts scholarship combines carefully selected extracts from both primary sources and secondary literature with clear explanations of the law and thoughtful guiding commentary. Alastair Hudson’s lively and engaging style helps students navigate their way through the leading cases, judgments and legislation and to critically engage with points of academic debate and policy review.
The book identifies and develops the major prevailing themes within Equity and Trusts, focusing on financial and commercial issues surrounding fiduciary parties; the burgeoning case law centred around trusts and the family home following the Court of Appeal’s decision in Jones v Kernott [2011]; and case law arising from the Charities Acts of 2006 and 2011. These themes are considered and tied together at the end of the book.
Each chapter contains:
- A clear introductory summary of the principles and the issues relating to each topic
- Extracts from the leading cases, with "endnotes" in the extracts to pull out key ideas
- Extracts from dissenting opinions, together with links between extracts and the journal literature and policy documents
- Problem questions with skeleton model answers
- Thematic summaries and cross-references to facilitate essay-writing
Supported by a full range of podcasts and video as well as links to Alastair Hudson’s online teaching materials, Text, Cases and Materials on Equity and Trusts really is the complete teaching and learning resource for this complex and often challenging course.
Part 1: Fundamentals of Equity and Trusts 1. Introduction 2. Understanding the Trust Part 2: Express Trusts 3. Certainty in the Creation of Express Trusts 4. The Rights of Beneficiaries and the Beneficiary Principle 5. Formalities in the Creation of Express Trusts 6. Secret Trusts Part 3: Administration of Trusts 7. The Duties of Trustees 8. The Investment of Trusts 9. The Powers of Trustees and the Variation of Trusts Part 4: Trusts Implied by Law 10. Resulting Trusts 11. Constructive Trusts 12. Equitable Estoppel Part 5: Equity, Trusts and the Home 13. Trusts of Homes 14. Trusts of Land Part 6: Breach of Trust and Related Equitable Claims 15. Breach of Trust 16. Tracing 17. The Liability of Strangers to Account for Involvement in a Breach of Trust Part 7: Commercial Uses of Trusts 18. Commerce, International Trusts Law and Dealing with Property 19. Quistclose Trusts 20. Mortgages, Charges and Taking Security Part 8: Welfare Uses of Trusts 21. Occupational Pension Funds 22. Charities Part 9: Equitable Remedies 23. Specific Performance 24. Injunctions and Confidences 25. Rescission and Rectification 26. Doctrine of Notice and Undue Influence 27. Miscellaneous Equitable Remedies Part 10: Theoretical Questions Relating to Equity and Trusts 28. The Nature of Property in Equity and Trusts 29. Equity, Chaos and Social Complexity
Biography
Alastair Hudson was formerly Professor of Equity & Finance Law at the University of Southampton, and of Lincoln’s Inn, Barrister. He is a National Teaching Fellow, Fellow of the Higher Education Academy, Fellow of the Royal Society of Arts, and was UK Law Teacher of the Year in 2008.
