LW202-5-SP-CO:
Equity and Trusts
2024/25
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
Monday 13 January 2025
Friday 21 March 2025
15
21 May 2024
Requisites for this module
(none)
(none)
(none)
(none)
(none)
LLB M122 English and French Law (Maitrise),
LLB M100 Law,
LLB M100CD Law,
LLB M100DE Law,
LLB M100LD Law,
LLB M100MD Law,
LLB M100TD Law,
LLB M101 Law (Including Foundation Year),
LLB M107 Law (Including Placement Year),
LLB M107DE Law (Including Placement Year),
LLB M120 Law (Including Year Abroad),
MLAWM199 Law,
MLAWMA98 Law (Including Placement Year),
MLAWMA99 Law (Including Year Abroad),
LLB M123 Licence English and French Law (Double Degree)
Equity and Trusts introduces students to foundational principles governing the law of trusts and the contexts in which private express trusts arise.
The aims of this module are:
- To introduce students to foundational principles governing the law of trusts and to foster understanding of the social and legal contexts in which trusts arise.
- To foster understanding of the relative roles/functions of settlor, testator, trustee and beneficiary.
- To foster understanding of the constituent elements of a private express trust.
- To foster understanding of the duties, powers and liabilities of trustees.
- To provide opportunities for students to identify legally relevant issues in complex scenarios, apply relevant law, and reach reasoned (evidenced) conclusions.
By the end of the module, students will be expected to be able to:
- Identify the constituent elements of a fully constituted private express trust and recognise instances where a trust is not fully constituted.
- Explain how the intestacy rules and the Inheritance (Provision for Family and Dependants) Act 1975 operate in practice.
- Evaluate breaches of fiduciary duty and breach of trustees’ duties.
- Differentiate between personal and proprietary remedies for breach, and identify the most appropriate remedy in specific circumstances.
- Critically analyse legally relevant issues in a scenario.
- Apply legal principles and rules, identify missing or ambiguous information, consider legally logical outcomes, and critically assess legal consequences in problem scenarios.
- Communicate analysis, conclusions and advice clearly.
- Understand and use appropriate legal terminology.
The syllabus covers topics such as:
- Capacity and the beneficiary principle
- The three certainties
- Formalities
- Constitution
- Variation of trusts
- Trustees` powers and duties
- Breach of trust
- Remedies for breach of trust and breach of fiduciary duty
- Dishonest assistance & Knowing receipt
- Tracing
The module is taught through a close study of relevant statutes and case law.
Students will be expected to read widely and prepare appropriately for all tutorials.
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Quizzes - Continuous Assessment (LW202 Equity) |
|
100% |
| Exam |
Main exam: In-Person, Open Book (Restricted), 180 minutes during Summer (Main Period)
|
| Exam |
Reassessment Main exam: In-Person, Open Book (Restricted), 180 minutes during September (Reassessment Period)
|
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Ms Penelope Brearey-Horne, email: pbrear@essex.ac.uk.
Ms Penny Brearey-Horne, Dr Joanna Harwood, Mr Rees Johnson, Dr Francis King
Law UG Education Administrators: lawschoolug@essex.ac.uk
Yes
No
Yes
No external examiner information available for this module.
Available via Moodle
Of 623 hours, 60 (9.6%) hours available to students:
563 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Essex Law School
* Please note: due to differing publication schedules, items marked with an asterisk (*) base their information upon the previous academic year.
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