LW202-5-SP-CO:
Equity and Trusts
2016/17
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
15
13 March 2013
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),
MODUM100MB Modular Undergraduate: Law (Module Based)
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.
No information available.
No information available.
Express private trusts:
- Capacity and certainty
- Formalities
- Constitution
Variation of trusts
Trustees' powers and duties
Breach of trust; liability, relief, trustee exemption clauses
Tracing and following
Remedies for breach of trust: fiduciaries; strangers to the trust
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'
- Explain what is meant by 'following/tracing'
- Differentiate between personal and proprietary remedies for breach of trust
- Identify the most appropriate remedy in a given set of circumstances
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Practical |
LW202 Preparation |
|
40% |
| Practical |
LW202 Participation |
|
40% |
| Practical |
Reflective Statement |
|
20% |
| Exam |
Main exam: 150 minutes during Summer (Main 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
Penny Brearey-Horne, Dr Matthew Stone,
Law General Office, 01206 872529, lawugadmin@essex.ac.uk
Yes
Yes
No
No external examiner information available for this module.
Available via Moodle
Of 141 hours, 33 (23.4%) hours available to students:
108 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Essex Law School
Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can
be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements,
industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist
of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules.
The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.
The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.