Professional Documents
Culture Documents
SCHOOL OF LAW
READING LIST
A. Historical development of equity and the relationship between common law and equity
Lau Siew Kim v Teo Guan Chye Terence [2008] 2 SLR 108, [24] – [33]
Western Fish Products v Penwith DC [1981] 2 All ER at 218 (per Megaw LJ)
Cowcher v Cowcher [1972] 1 WLR 425 at 430 (per Bagnall J.)
Lau Siew Kim v Teo Guan Chye Terence [2008] 2 SLR 108, [24] – [33]
A Burrows, “We Do This at Common Law But That in Equity” (2002) 22 OJLS 1.
K Mason, “Fusion: Fallacy, Future or Finished”
http://www.lawlink.nsw.gov.au/lawlink/Supreme_Court/ll_sc.nsf/vwPrint1/SCO_mason161
204
See below.
“As the principles of equity permeate the complications of modern life, the nature and variety of
trusts ever grow.”
Further reading: Gardner, An Introduction to the Law of Trusts, Ch 1
Trust has moved out of the family context into the commercial world
(1) Definition?
- Why is definition important? So that you can distinguish it from other relationships (and it has
certain consequences)
- How do you define the trust? See: Lord Browne Wilkinson in Westdeutsche & Gardner’s definition
&
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i. Contract
Henry v Hammond [1912] 2 KB 515, 521
Contracts (Rights of Third Parties) Act 1999 (Cap. 53B)
Optional: C.H. Tham (2005), "Trust, not Contract: Restoring Trust in the
Contracts (Rights of Third Parties) Act", Journal of Contract Law, vol. 21, 107–
130
ii. Debt
Barclays Bank v Quistclose Investments [1970] AC 567
Twinsectra v Yardley [2002] UKHL 12; [2002] 2 AC 164
iii. Trust and agency