“English trust law is increasingly emulating contract. The relationship of trustee
to beneficiaries is now modelled as a consensual relationship created by
agreement rather than custody; and governed by standards and duties of care
with tort-like features as opposed to traditional fiduciary controls.” Joshua
Getzler, Legislative incursions into modern trusts doctrine in England: The
Trustee Act 2000 and the Contracts (Rights of Third Parties) Act 1999.
Critically examine whether trusts can be explained as forming part of the law of
obligations.
Introductory reading: Gretton, G. L. (2000). Trusts without equity. Int’l & Comp.
LQ, 49, 599