Equity and Trusts
Routledge – 2013 – 1,350 pages
Alastair Hudson’s Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject through which the author’s enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find challenging.
Fully updated and revised, this Seventh Edition contains an analysis of Jones v Kernott and trusts of homes; a new treatment of dishonest assistance and unconscionable receipt; a full treatment of the law on super-injunctions; coverage of all of the trusts law cases precipitated by the collapse of Lehman Brothers; a reflection on women and equity, and the politics of trusts law; a new treatment of the Hastings-Bass principle; and analysis of over 200 new cases and the Perpetuities and Accumulations Act 2009.
Equity and Trusts remains the most comprehensive and up-to-date coverage of the law of Equity and Trusts, while still a lively and thoughtful account of the issues raised by it. This book has been cited as being authoritative in the courts of numerous countries.
The seventh edition is supported by a companion website which includes:
• over 50 short podcast lectures by the author discussing and clarifying key topics from within the book, which cover an entire course;
• a set of brief video documentaries filmed on location which provide context and bring to life selected key topics;
• a brief introductory video presentation from the author introducing the viewer to the subject of Equity and Trusts and to the book in particular.
Review of a previous edition:
‘One of the book’s great strengths is its clear exposition of some very difficult areas of the law, moving seamlessly from points that puzzle students to points that puzzle practitioners. Other strengths are the breadth of its approach, the fact that it is extremely up to date, the freshness and vividness of its approach and its willingness to place equity in a wider context … The student will enjoy a clear, lively and challenging account of the subject matter. The practitioner will find the book well worth consulting for its clear exposition of the basic principles and of their application in difficult areas.’ - New Law Journal
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 7. Essay – The Nature of Express Trusts Part 3: Administration of Trusts 8. The Duties of Trustees 9. The Investment of Trusts 10. The Powers of Trustees and the Variation of Trusts Part 4: Trusts Implied by Law 11. Resulting Trusts 12. Constructive Trusts 13. Equitable Estoppel 14. Essay – Thinking About the Law on Fiduciaries Part 5: Equity, Trusts and the Home 15. Trusts of Homes 16. Trusts of Land 17. Essay – Family Law, Human Rights Law and Equity Part 6: Breach of Trust and Related Equitable Claims 18. Breach of Trust 19. Tracing 20. The Liability of Strangers to Account for Involvement in a Breach of Trust Part 7: Commercial Uses of Trusts 21. Commerce, International Trusts Law and Dealing with Property 22. Quistclose Trusts 23. Mortgages, Charges and Taking Security Part 8: Welfare Uses of Trusts 24. Occupational Pension Funds 25. Charities Part 9: Equitable Remedies 26. Specific Performance 27. Injunctions and Confidences 28. Rescission and Rectification 29. Doctrine of Notice and Undue Influence 30. Miscellaneous Equitable Remedies Part 10: Theoretical Questions Relating to Equity and Trusts 31. The Nature of Property in Equity and Trusts 32. Equity, Chaos and Social Complexity
Alastair Hudson is 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.