LW2A11: Equity and Trusts

Module Provider:

School of Law

Number of credits:

30 [15 ECTS credits]

Level:

I (Intermediate)

Terms in which taught:

Autumn and Spring

Module Convenor:

Mr PF Smith

Pre-requisites:

Co-requisites:

Modules excluded:

Module version for:

2006/7

Aims:
An introduction to the fundamental concepts and remedies of Equity. To examine the main principles of Express Private Trusts. Resulting and Constructive Trusts. Charitable Trusts and Administration of Trusts.

Assessable learning outcomes:
By the end of the module it is expected that students will be able to:

Additional outcomes:
This module will encourage the development of oral communication skills and the student's contribution to group discussion.

Outline content:
The course begins with an examination of the main principles and doctrines of equity. It then deals with the main rules applying to express private trusts, as well as those governing resulting and constructive trusts. We then turn to an examination of public or charitable trusts, briefly noting the position of non-charitable purpose trusts. The course then turns to the principles governing the administration of trusts - these include a survey of the main powers and duties of trustees, variation of trusts, and liability of trustees for breach of trusts. Main equitable remedies are then examined.

Brief description of teaching and learning methods:
These are two lectures per week and eight tutorials, at fortnightly intervals starting from week 3 of the Autumn Term. Students are expected to prepare for tutorials, in which there is group discussion. One essay is to be written per term. This should assist students in gaining experience in basic research methods, as the topic chosen for one of the essays will not be lectured.

Contact hours:

Assessment:
Coursework
None.
Examinations
One three-hour examination paper (four questions to be answered).
Requirements for a pass:
40%.
Reassessment arrangements:
Re-examination in September.