LW202-6-SP-CO:
Equity and Trusts

The details
2019/20
Law (School of)
Colchester Campus
Spring
Undergraduate: Level 6
Current
Monday 13 January 2020
Friday 20 March 2020
15
17 May 2019

 

Requisites for this module
(none)
(none)
(none)
(none)

 

(none)

Key module for

LLB M100 Law,
LLB M100MD Law,
LLB M100MS Law,
LLB M101 Law (Including Foundation Year),
LLB M101JS Law (Including Foundation Year),
LLB M107 Law (Including Placement Year),
LLB M120 Law (Including Year Abroad),
LLB M120AF Law (Including Year Abroad),
LLB MM19 Law and Human Rights,
LLB MV15 Law and Philosophy,
LLB ML12 Law and Politics,
LLB M103 Law (Senior Status),
LLB MM20 Law with Human Rights,
LLB MM21 Law with Human Rights (Including Year Abroad),
LLB MM22 Law with Human Rights (Including Placement Year),
LLB MV16 Law with Philosophy,
LLB MV18 Law with Philosophy (Including Year Abroad),
LLB MV19 Law with Philosophy (Including Placement Year),
LLB ML14 Law with Politics (Including Year Abroad),
LLB ML15 Law with Politics (Including Placement Year),
LLB ML16 Law with Politics,
LLB MN00 Law with Business,
LLB MN01 Law with Business (Including Year Abroad),
LLB MN02 Law with Business (Including Placement Year),
LLB MN10 Law with Finance,
LLB MN11 Law with Finance (Including Year Abroad),
LLB MN12 Law with Finance (Including Placement Year),
LLB MM00 Law with Criminology,
LLB MM01 Law with Criminology (Including Year Abroad),
LLB MM02 Law with Criminology (Including Placement Year)

Module description

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.

Module aims

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.

Module learning outcomes

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

Module information

Syllabus
Capacity & 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

Learning and teaching methods

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.

Bibliography*

  • Watt, Gary. (2019) Equity & Trusts Law, Oxford: Oxford University Press.
  • Luther, Peter; Moran, Alan. (2018) Core statutes on property law 2019-20, Basingstoke: Palgrave Macmillan.
  • Ramjohn, Mohamed. (2017) Unlocking equity and trusts, Abingdon: Routledge.
  • Hudson, Alastair. (2017) Equity and trusts, Abingdon: Routledge.
  • Glister, 2018, Jamie. (no date) Hanbury & Martin Modern Equity: Sweet & Maxwell Ltd.

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 Weighting
Coursework Reflective Statement 20%
Practical Participation 40%
Practical Preparation 40%
Exam 150 minutes during Summer (Main Period) (Main)
Overall assessment
Coursework:
10%
Exam:
90%
Reassessment
Coursework:
10%
Exam:
90%
Module supervisor and teaching staff
Penny Brearey-Horne, Dr Matthew Stone, Ms Gemma Cowling
Law General Office, 01206 872529, lawugadmin@essex.ac.uk

 

Availability
Yes
No
No

External examiner

Dr Christopher Lloyd
Oxford Brookes University
Senior Lecturer
Resources
Available via Moodle
Of 46 hours, 22 (47.8%) hours available to students:
24 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).

 

Further information
Law (School of)

* Please note: due to differing publication schedules, items marked with an asterisk (*) base their information upon the previous academic year.

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