LW202-5-SP-CO:
Equity and Trusts
2022/23
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
Monday 16 January 2023
Friday 24 March 2023
15
13 October 2023
Requisites for this module
(none)
(none)
LW102 or LW109 or LW303
(none)
(none)
LLB M122 English and French Law (Maitrise),
LLB M100 Law,
LLB M100DE 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 MN00 Law with Business,
LLB MN01 Law with Business (Including Year Abroad),
LLB MN02 Law with Business (Including Placement Year),
LLB MN03 Law with Business (Including Foundation Year),
LLB MN10 Law with Finance,
LLB MN11 Law with Finance (Including Year Abroad),
LLB MN12 Law with Finance (Including Placement Year),
LLB MN13 Law with Finance (Including Foundation Year),
LLB M123 Licence English and French Law (Double Degree)
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.
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
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 |
| Coursework |
Multiple Choice Quizzes - Continuous Assessment (LW202 Equity) |
|
100% |
| Exam |
Main exam: Remote, Open Book, 24hr during Summer (Main Period)
|
| Exam |
Reassessment Main exam: Remote, Open Book, 24hr during January
|
| Exam |
Reassessment Main exam: Remote, Open Book, 24hr 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
pbrear@essex.ac.uk
Yes
No
Yes
Dr Isobel Roele
Queen Mary University of London
Lecturer in Law
Available via Moodle
Of 80 hours, 20 (25%) hours available to students:
0 hours not recorded due to service coverage or fault;
60 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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