Equity and Trusts
Law (School of)
Undergraduate: Level 6
Monday 13 January 2020
Friday 20 March 2020
02 August 2019
Requisites for this module
LLB M100MD Law,
LLB M100MS Law,
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)
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:
- 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
Capacity & the beneficiary principle
The three certainties
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.
- 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.
- Glister, James; Lee, James. (2018) Hanbury and Martin modern equity, London: Sweet & Maxwell/Thomson Reuters.
- Hudson, Alastair. (2017) Equity and trusts, Abingdon: Routledge.
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
||150 minutes during Summer (Main Period) (Main)
Module supervisor and teaching staff
Penny Brearey-Horne, Dr Matthew Stone, Jo Harwood
Law General Office, 01206 872529, email@example.com
Dr Christopher Lloyd
Oxford Brookes University
Dr Isobel Roele
Queen Mary University of London
Lecturer in Law
Available via Moodle
Of 80 hours, 44 (55%) hours available to students:
36 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Law (School of)
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