Module LAW3012: TRUSTS AND EQUITY

Department: LAW

LAW3012: TRUSTS AND EQUITY

Prerequisites

• The Law of Obligations (LAW1023), Fundamentals of Land Law (LAW2011).

Corequisites

• None.

Excluded Combination of Modules

• None.

Aims

• To explain the nature and uses of the trust and of kindred fiduciary concepts, and to equip students to evaluate the effectiveness of the applicable legal rules by reference to the social context - family, commercial or charitable - in which they operate.

Content

• After consideration of the broad nature of trusts, and why they are created, detailed attention is paid to particular types of trust.
• Thus, the module examines land trusts, private trusts (secret, discretionary, protective), charitable trusts, and resulting trusts.
• The duties, powers and liabilities of trustees are examined, together with the 'personal' and 'proprietary' remedies for breach of trust and other fiduciary duties.

Learning Outcomes

• Students should be able to:
• Demonstrate a sound understanding of the basic principles of equity and of how these are implemented by the courts
• Demonstrate a sound understanding of the mechanics of the different types of trust and an awareness of the circumstances in which they may arise
• Demonstrate a sound understanding of the rights, duties and liabilities involved with fiduciary relationships
• Demonstrate a sound understanding of the relationship between equity and the common law

• Students should be able to:
• Apply the law to given factual scenarios, and be able to advise accordingly
• Analyse and evaluate the current law in the light of internal (inherent inconsistencies) and external (social, political, moral and commercial pressures) considerations
• Demonstrate an ability to recognise the competing interests of two bodies of law: equity and the common Law

• Students should be able to:
• Demonstrate developed written and analytical skills.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• Teaching will be conducted through a series of lectures and tutorials.
• Lectures are used primarily to impart knowledge - and also to suggest approaches to evaluation and critical analysis.
• Tutorials will be used to develop and enhance students capacity for legal-problem solving in a particular factual situation, evaluative critical analysis and their appreciation of laws' linkage with broader fields of enquiry;.
• Assignments (formative) are used both to develop problem-solving skills, the ability to engage in sustained evaluation of proposed schemes of reforms, and the ability to evaluate the law in a critical and contextual way.
• Learning will be facilitated by student-student and student-tutor interaction, both in tutorials and through the provision of a Discussion Board on DUO
• Students will be given formative feedback on their essays in order assist with preparation for the examinations. Marking criteria will be made available to students prior to the submission of essays
• Module staff will provide ongoing support and guidance as appropriate.
• Summative assessment comprises one unseen examination of three hours. Students are given a choice of questions to answer, but the paper is structured in such a way as to assess students on all the specific outcomes. In particular, students are required to answer both problem and essay type questions: the former primarily assessing knowledge and analysis of specific factual situations raising key legal issues; the latter primarily assess knowledge, evaluative capacity and an awareness of placing the analysis of law in wider contexts of enquiry.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

3 assignments: 2 compulsory, 1 optional

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University