Module LAW2211: TRUSTS AND EQUITY

Department: Law

LAW2211: TRUSTS AND EQUITY

Prerequisites

• Legal Skills (LAW 1041) [OR LAW 1107 (Legal Skills) AND LAW 1117 (Legal System of England and Wales)]; and Law of Torts (LAW 1051) and Contract Law (LAW 1071)

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 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. 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 research and writing skills, including the ability to work independently and to take responsibility for their own learning

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

• 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.
• Formative assignments are used to develop subject-specific and key skills.
• The examination tests the ability to focus on relevant legal issues and organise knowledge and argument appropriate to questions raised. The examination questions will provide the means for students to demonstrate the acquisition of subject knowledge and the development of their problem-solving skills.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One essay of about 1,500 words during the course of the year

■ 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