1. It should be recalled that this book is not strictly-speaking a textbook, and therefore the reader who wants an explanation of all of the basic principles (beyond the summary which is presented below) is referred to Alastair Hudson, Understanding Equity & Trusts (Routledge, 2014) or Equity & Trusts (Routledge, 2014).
2. An idea explored by D. Hume, An Enquiry Concerning Human Understanding, 1748.
3. See Alastair Hudson, Understanding Company Law (Routledge, 2011) for an explanation of how company law achieves this, esp. Ch. 2.
4. Where trusts law reverses the traditional concept of ‘trust’ is in liable for any loss caused by a breach of trust: in that sense, the person who is doing the trusting becomes powerful as a result of the operation of trusts law: R.B.M. Cotterrell, ‘Trusting in law: legal and moral concepts of trust’ (1993) 46(2) CLP 75.
5. G.W. Thomas and A.S. Hudson, The Law of Trusts, 2nd edn (Oxford University Press, 2010), 1.01.