ABSTRACT

The trust concept has been heralded as a unique development of English law over the centuries and its principles are enshrined essentially in case law that has occasionally been tempered by statutory intervention. The principles of trusts law were initially created out of necessity to achieve fairness or justice to litigants who were aggrieved by the harshness of the common law. Today, as the principles of trusts law have become settled, some of its rules are still regarded as relatively flexible and adaptable enough to meet the changing needs of modern society. Such developments are best understood by considering the exposition of judges and the precise words used in statutes.