DIL 221 · Equity & Law of Trusts II

An installable study app built from your notes, with each topic arranged for revision and a YouTube lesson attached so you can watch the concept after reading it.
Year Two · LLB 4 Topics Offline-ready app shell YouTube lessons per topic
9
Hours Topic A
12
Hours Topic B
9
Hours Topic C
6
Hours Topic D

Module overview

Study map

Topic A: Ownership, Management and Control of Trusts.

Topic B: Conventional Express Trusts.

Topic C: Conventional Implied Trusts.

Topic D: Commercial Trusts.

This app keeps the content readable on mobile and desktop, and each topic has a video panel for revision.

Core cases to remember: Boardman v Phipps, Blackwell v Blackwell, McPhail v Doulton, Westdeutsche, Quistclose.

Topic A · Ownership, management and control

Fiduciary duties

Split ownership, trustee duties, breach of trust, tracing, and remedies. This is the part that explains how a trustee must handle trust property and what happens when they misuse it.

  • Legal title vs beneficial ownership
  • No-conflict and no-profit rules
  • Equitable compensation, tracing, subrogation, restitution
  • Malawi examples and the role of courts and the Trustee Act
Key case: Boardman v Phipps and Cowan v Scargill.

Topic B · Conventional express trusts

Three certainties

Express trusts are created deliberately. This topic covers the three certainties, secret trusts, discretionary trusts, protective trusts, and charitable trusts.

  • Intention, subject matter, and objects
  • Secret trusts: fully secret and half-secret
  • Discretionary trusts and the “is or is not” test
  • Charitable trusts and public benefit
Key case: Blackwell v Blackwell, McPhail v Doulton, and Pemsel.

Topic C · Conventional implied trusts

Resulting & constructive

These trusts arise by operation of law. The app section covers resulting trusts, constructive trusts, common intention claims, and the main principles students usually confuse.

  • Automatic and presumed resulting trusts
  • Common intention constructive trusts
  • Westdeutsche, Rosset, Eves v Eves
  • Malawi cases and family property disputes
Key case: Westdeutsche Landesbank v Islington LBC and Lloyds Bank v Rosset.

Topic D · Commercial trusts

Quistclose

Commercial trusts show how equity works in business, finance, and insolvency. This topic includes pension trusts, securities trusts, Romalpa clauses, and purpose loans.

  • Pension and investment structures
  • Romalpa clauses and retention of title
  • Quistclose trust in insolvency
  • Priority, tracing, and proprietary claims
Key case: Barclays Bank v Quistclose Investments.