LW202-5-PS-:
Equity and Trusts
2024/25
Essex Law School
Spring & Summer
Undergraduate: Level 5
Current
Monday 13 January 2025
Friday 27 June 2025
15
01 July 2024
Requisites for this module
(none)
(none)
(none)
(none)
(none)
LLB M10ECM Law,
LLB M10ECO Law,
LLB M10ELK Law,
LLB M10ELM Law
What is meant by breach of trust? What is required to create a fully constituted express trust? How can a trust be varied or terminated? Study the principles governing the law of trusts. Examine the development of equity, equitable principles and equitable remedies. Analyse the social and legal contexts in which trusts arise.
The aims of this module are:
On successful completion of the module a student should be able to
1. Describe and evaluate the relative roles and functions of settlor, testator, trustee and beneficiary
2. Identify the constituent elements of a fully constituted trust
3. Explain and critique what is meant by: certainties, formalities, effective transfer of title
4. Explain and critique the legal effect of a `a fully constituted trust`
5. Describe how a fully constituted trust might be terminated or its terms varied
6. Describe and evaluate the various powers and duties of trustees, their responsibilities and their liabilities
7. Explain what is meant by `breach of trust`
8. Explain what is meant by `following/tracing`
9. Differentiate between personal and proprietary remedies for breach of trust
10. Identify the most appropriate remedy in a given set of circumstances
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 |
| Exam |
Main exam: In-Person, Open Book (Restricted), 150 minutes during Summer (Main Period)
|
| Exam |
Reassessment Main exam: In-Person, Open Book (Restricted), 150 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
The Law Education Admin Team - lawschoolug@essex.ac.uk
No
No
No
No external examiner information available for this module.
Available via Moodle
No lecture recording information available for this module.
Essex Law School
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