Module LAW2211: TRUSTS LAW

Department: Law

LAW2211: TRUSTS LAW

Prerequisites

• Introduction to English Law and Legal Method (LAW 1121) [OR Legal Skills (LAW 1107) AND Legal System of England and Wales (LAW 1117); OR Legal Skills (LAW 1041)]; and Law of Torts (LAW 1051) and Contract Law (LAW 1071)

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• To explain the concept and structure of the trust as a property arrangement and to enable students to critically assess the trust and its various uses by reference to social, political and commercial contexts.

Content

• After consideration of the historical and conceptual foundations of the trust, detailed attention is paid to its structural elements as well as to processes associated with its administration. Different types of trust are explored in their legal and social settings. The duties, powers and liabilities of trustees are explained, and the various mechanisms and remedies associated with breaches of trust set out. Critiques of the trust, trusts law and trusts practice are referred to throughout.

Learning Outcomes

• Students should be able to:
• Demonstrate a sound understanding of the historical and conceptual foundations of the trust;
• Demonstrate a sound understanding of the structural elements of the trust and the processes associated with its administration;
• Demonstrate a sound understanding of different types of trust and the circumstances in which they arise;
• Demonstrate a sound understanding of the duties, powers and liabilities of trustees;
• Demonstrate a sound understanding of the various mechanisms and remedies associated with breaches of trust;
• Demonstrate a sound understanding of critiques of the trust, trusts law, and trusts practice.

• Students should be able to:
• Recognise and explain the structure of the trust in its various settings;
• Apply trusts law to given factual scenarios and advise accordingly;
• Critically assess the trust both in its conceptual form and as a legal practice in the light of internal (systematic) and external (social, political, commercial) considerations.

• 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 to impart knowledge and suggest opportunities for critical analysis;
• Tutorials are used to deepen students' knowledge and develop their capacity for legal problem solving and critical analysis;
• Formative assignments are used to develop subject-specific and key skills;
• The examination is used to test students' subject-specific knowledge and their ability to focus on relevant legal and conceptual issues and formulate an argument that effectively responds to the question raised.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One compulsory written essay of no more than1,500 words. One optional assignment.

■ 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