LW202-5-SP-CO:
Equity and Trusts
2020/21
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
Sunday 17 January 2021
Friday 26 March 2021
15
21 October 2020
Requisites for this module
LW109
(none)
(none)
(none)
(none)
LLB M122 English and French Law (Maitrise),
LLB M100 Law,
LLB M100MD Law,
LLB M101 Law (Including Foundation Year),
LLB M107 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)
What are the constituent elements of a fully constituted trust? What is meant by breach of trust? How can a trust be varied or brought to an end? Study the principles governing the law of trusts. Examine the development of equitable principles and equitable remedies. Analyse the social and legal contexts in which trusts arise.
This spring term 15 credit module builds on the 15 credit Foundations of Property module. Equity and Trusts introduces students to foundational principles governing the law of trusts.
The module encompasses the historical development of equity, equitable principles and equitable remedies, the social and legal contexts in which express trusts arise, and the duties, powers and liabilities of trustees.
On successful completion of the module a student should be able to:
- Describe and evaluate the relative roles and functions of settlor/testator, trustee and beneficiary
- Identify the constituent elements of a fully constituted trust
- Explain and critique what is meant by: certainties, formalities, effective transfer of title
- Explain and critique the legal effect of a 'a fully constituted trust'
- Describe how a fully constituted trust might be terminated or its terms varied
- Describe and evaluate the various powers and duties of trustees, their responsibilities and their liabilities
- Explain what is meant by 'breach of trust'
- Differentiate between personal and proprietary remedies for breach of trust
- Identify the most appropriate remedy in a given set of circumstances
And demonstrate:
- The ability to follow instructions
- The ability to manage time and resources appropriately
- The ability to write succinctly and accurately
- Skills in analysis, synthesis and evaluation
- Attention to detail
Syllabus
* Capacity & 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
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 is taught through a mixture of weekly live webinars, pre-recorded videos, and tutorials. Each week, the module teaching team will first produce and make available on Moodle two 25-minute pre-recorded video lectures. The module teaching team will then deliver a weekly live 50-minute webinar in which they further explore key legal concepts and answer your questions about the topics. These lectures and webinars will subsequently be available online through Moodle so that you can re-watch them as part of your independent study. Alongside this, there will be five bi-weekly 50-minute small group tutorials. The module teaching team will also produce and make available on Moodle short guidance notes. These notes will introduce the material to be covered in the lectures, webinars and required readings. The notes will also contain tips designed both to help you navigate the material to be covered in the lectures and webinars and to equip you to analyse the required readings.
You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures, webinars and the required readings, obtain feedback on your pre-class preparation and deepen your understanding of key concepts. To help you prepare in the best possible way for your tutorials, you will be completing regular Multiple-Choice Quizzes on Moodle. The quizzes will be based on the reading set for that week so that the quiz forms part of your preparation for each tutorial. The quizzes will enable you to track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
- Hudson, Alastair. (2017) Equity and trusts, Abingdon: Routledge.
- Glister, James; Lee, James. (2018) Hanbury and Martin modern equity, London: Sweet & Maxwell/Thomson Reuters.
- Luther, Peter; Moran, Alan. (2018) Core statutes on property law 2019-20, Basingstoke: Palgrave Macmillan.
- Ramjohn, Mohamed. (2017) Unlocking equity and trusts, Abingdon: Routledge.
- Watt, Gary. (2019) Equity & Trusts Law, Oxford: Oxford University Press.
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Practical |
LW202- Multiple Choice Quizzes |
|
100% |
| Exam |
Main exam: 24hr during Summer (Main Period)
|
| Exam |
Reassessment Main exam: 150 minutes during January
|
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.
Penny Brearey-Horne, Jo Harwood
Law General Office, lawugadmin@essex.ac.uk
Yes
No
No
Dr Christopher Lloyd
Oxford Brookes University
Senior Lecturer
Dr Isobel Roele
Queen Mary University of London
Lecturer in Law
Available via Moodle
Of 9084 hours, 0 (0%) hours available to students:
9084 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Essex Law School
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