Hayton and Marshall: Commentary and Cases on the Law of Trusts and Equitable Remedies
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Average customer review:Product Details
- Amazon Sales Rank: #201846 in Books
- Published on: 2005-07-26
- Original language: English
- Binding: Paperback
- 983 pages
Editorial Reviews
Synopsis
Offers a thorough and perceptive treatment of modern English trust law Uniquely combines textbook and casebook in one compact volume Uses questions and problems at the end of each chapter to promote analysis and discussion Investigates the "grey" areas often favoured by examiners Illuminates the nature of the English trust concept with comparative references to foreign jurisdictions Illustrates text with excerpts from cases, statutes, articles, Government White Papers, Charity Commissioners' Reports and Decisions and Attorney-General's Guidelines
Customer Reviews
Horrible
As an LLB student at the University of London, this was set as my course text book. It is quite shockingly horrible to read. Whilst the law is (apparently) all there, and there is discussion of important areas of trust law, the language is impenetrable. Paragraphs of whole pages in length discuss complex algebraic manipulations of beneficiaries/trustees with very little text devoted to actually explaining what the legal position is. There is overtly heavy reliance on footnotes, and I have not spoken to one student, from the most to the least able who values the book.
I would suggest looking at Penner's title The Law of Trusts, which is far more accessible, although sadly not in quite enough depth.
Glass half full
This is a formidable text, which can also be a formidable read at times. It is comprehensive in a way that no other text is, and it does a better job of providing insightful criticism. That said, it's very noticeable which of the two authors have written which chapters, and the ones which David Hayton has done tend to obscure clear discussion and explanation of the law. That said Charles Mitchells' chapters are excellent. The next edition will probably be even better.
For students who want to know how trust works in practice
This is really not a book in which you can find a comprehensive statement or debate of the law of trusts. However, it is excellent in all other respects.



