LW202-5-SP-CO:
Equity and Trusts
2021/22
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
Monday 17 January 2022
Friday 25 March 2022
15
15 November 2021
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 is meant by breach of trust? What are the constitutional elements of a fully constituted trust? How can that trust be terminated? Study the principles governing the law of trusts. Examine the development of equity, equitable principles and equitable remedies. Analyse 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
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 includes
Capacity and the beneficiary principle
The three certainties
Formalities
Constitution
DMCs
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 does not appear to have a published bibliography for this year.
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 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
Dr Christopher Lloyd
Oxford Brookes University
Senior Lecturer
Dr Isobel Roele
Queen Mary University of London
Lecturer in Law
Available via Moodle
Of 428 hours, 80 (18.7%) hours available to students:
348 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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