LW202-5-SP-CO:
Equity and Trusts
2023/24
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
Monday 15 January 2024
Friday 22 March 2024
15
18 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 M100CD Law,
LLB M100DE Law,
LLB M100LD Law,
LLB M100MD Law,
LLB M100TD Law,
LLB M101 Law (Including Foundation Year),
LLB M107 Law (Including Placement Year),
LLB M107DE 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 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 any essential texts. To see non - essential items, please refer to the module's
reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Quizzes - Continuous Assessment (LW202 Equity) |
|
100% |
| 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 January
|
| 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.
Law Education Office, lawschoolug@essex.ac.uk
Yes
No
Yes
No external examiner information available for this module.
Available via Moodle
Of 54 hours, 14 (25.9%) hours available to students:
0 hours not recorded due to service coverage or fault;
40 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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