Equity and Trusts
Module summary
Module code: LAW0793
Level: 6
Credits: 30
School: Liberal Arts and Sciences
Department: Law and Criminology
Module Coordinator(s): Monika Baronak-Atkins / Robert Amos
Specification
Aims
To provide the student with an in-depth understanding of equitable principles and a sound knowledge of the law of private and public trusts. In particular, the student should acquire an ability to critically evaluate principles and doctrines and be able to apply them appropriately to given factual situations. In addition, the student will be encouraged to research independently and identify relevant factual data and legal material in providing appropriate answers to legal problems both orally and in writing.
Learning outcomes
On successful completion of this module a student will be able to:
1. Understand equity as a body of rules and principles providing a supplement or corrective to the Common Law
2. Demonstrate a detailed understanding of different types of trust, including express, implied and charitable trusts
3. Understand the respective rights and responsibilities of different parties in a trust relationship, as well as of third parties
4. Understand the nature and role of equitable remedies and the legal principles that guide their application
5. Critically analyse equitable principles and doctrines and apply them correctly in given scenarios
6. Devise and deliver independent research projects
Indicative content
• Nature and history of Equity. • Modern scope of Equity. • Equitable maxims and remedies. • Definition and classification of trusts. • The three certainties and formalities of a trust. • The constitution of trusts. • Protective and discretionary trusts. • Powers of maintenance and advancement. • Charitable trusts and the cy-pres doctrine. • Resulting and constructive trusts. • Purpose trusts and gifts to unincorporated associations. • Secret trusts. • Variation of trusts. • Duties and liabilities of trustees. • Tracing and equitable remedies.
Teaching and learning activity
The module will be taught through lectures and seminars.
Assessment
Coursework 1: 40% weighting, 40% pass mark.
Learning Outcomes: 1, 2, 5 & 6.
Outline Details: Students will be given a specific legal issue covered in semester 1 and asked to read five sources (cases and academic texts), providing a critical comment on each - 2,000 words.
Coursework 2 - Take Home Assignment: 60% weighting, 40% pass mark.
Learning Outcomes: 1 - 5.
Outline Details: A take-home assignment covering all issues on the module. Students to answer 3 questions.
Formative Assessment: Students will be presented with a mini-problem and essay question to work on, and guided through model answers.