ABSTRACT
This chapter reflects on the principles of express trusts law which have been considered in Part 2 of this book. It serves as a revision of some of the key principles of the leading cases. It also identifies the key paradox at the heart of express trusts, which is this: while trusts law is said to be based on general principles of equity, most of the cases which we have analysed so far have been based on rigid legal principles and clear tests which resemble the common law more than anything. So, while equity was said to be flexible and open-textured in Chapter 1, most of the leading cases on express trusts law have been concerned to create clear rules. How do we account for this?
