Equity & Trusts

Make sense of Equity & Trusts.

Students sometimes treat equity as imprecise, and that is where they lose marks. Each doctrine is in fact a structured test, and treating it that way produces stronger answers. The subject covers fiduciary duties, the trusts and the equitable remedies.

12 module guides103 drills16 exam scenariosPass & H1 model answers

The subject, module by module

Twelve modules, end to end

Each guide sets out the idea, the cases at a glance, the rules with their shapes, the worked examples and the way the examiners test it. The practice bank holds 119 problems, each with a Pass answer, an H1 answer and examiner's comments.

1Equity and conscience
Where equity comes from, how it operates on conscience, and the maxims that steer every later module.
Guide
2Fiduciary relationships and duties
Who is a fiduciary, the no conflict and no profit rules, and the remedies for breach.
Guide · Drills (10)
3The trust: nature, functions and theory
The anatomy of the trust, its social and commercial functions, and the taxonomy of trusts and powers.
Guide
4Express trusts I: formalities, intention and subject matter
The formalities for declared trusts and the certainties of intention and subject matter.
Guide · Drills (9)
5Express trusts II: certainty of objects
The complete list and criterion certainty tests, powers and trust powers, and the ways a class fails.
Guide · Drills (10)
6Trust and debt: the Quistclose trust
Money lent for an exclusive stated purpose, the trust that arises when the purpose fails, and who can enforce it.
Guide · Drills (10)
7Charitable purpose trusts
The four heads of charity, public benefit and the personal nexus rule, and the statutory overlay.
Guide · Drills (9)
8Trustees' duties and investment
The core duty, the statutory investment code, ethical investment and relief from liability.
Guide · Drills (11)
9Resulting trusts and advancement
Purchase money contributions, the presumptions and their displacement, and illegality.
Guide · Drills (11)
10Constructive trusts
Common intention and joint endeavour constructive trusts, and when retention becomes unconscionable.
Guide · Drills (9)
11Third parties: Barnes v Addy
Knowing receipt and knowing assistance, the Baden scale, and the alternatives when the design threshold fails.
Guide · Drills (11)
12Tracing, proprietary remedies and defences
Following value through mixed accounts, the presumptions and the lowest intermediate balance, and the defences.
Guide · Drills (13)
Exam tier
Sixteen integrated scenarios in the format of the real paper, 33 marks each, with model answers and examiner's comments. Four follow the combined Section A format with an essay part.
Practice bank

The challenge

Where students get stuck

The problems reward precision. The fiduciary analysis requires identifying the relationship, the no conflict and no profit rules, and the consequences. The trusts, whether express, resulting or constructive, each have requirements that must be established. The three certainties are a strict test that students often apply loosely. The remedies, including equitable compensation, an account of profits and the constructive trust, are separate questions and are sometimes confused with the duties that gave rise to them.

How the guides handle it

Each doctrine is treated as a structured test: the rule with authority, each requirement established on the facts, then a conclusion, with the trusts and the remedies kept apart. Equity mixes strict tests with discretionary remedies, and the guides show which one you are in.

The method

One method, every problem

Four steps run every argument: name the issue, state the rule, apply it to the facts, conclude. Almost every legal rule takes one of six shapes. Any of these six shapes may carry a twist. Learn the six shapes and the twist →

Complete, end to end. Twelve module guides, a registry of 90 rules, and a practice bank of 119 problems: 103 single issue drills and 16 integrated exam scenarios, each with a Pass answer, an H1 answer and examiner's comments.

Common questions

Equity & Trusts: common questions

Does this cover fiduciary duties and the trusts?

Yes. Fiduciary duties, express, resulting and constructive trusts, breach of confidence and the equitable remedies.

Equity feels vague to me. What fixes that?

Each doctrine is set out as a structured test, so the answers get precise.

Make sense of Equity & Trusts.

Work through the twelve module guides, then test yourself on 119 problems with model answers and examiner's comments.