Equity and Trusts

Learning Outcomes

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• formulate an effectively reasoned and structured argument
• communicate and present written arguments supported by appropriate evidence and demonstrating an appreciation of academic integrity
• analyse, interpret and evaluate complex material
• effectively apply knowledge to solve practical problems

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• the application of equity and trust principles to factual circumstances
• how equity and trusts law adapts to changing social conditions
• the nature and operation of trusts in England and Wales

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• from a given factual scenario: - identify the relevant legal facts and legal issues raised; - explain the law applicable to the identified legal issues; - apply the relevant law to the given facts; - examine uncertainties in the law and evaluate alternative approaches; - provide adequate support by reference to legal authority.
• produce effectively reasoned and structured responses to a given statement or proposition
• communicate in writing an understanding of equity and trusts law, its application to the solution of legal problems and the formulation of effective argument with clear and accurate use of language and legal terminology
• analyse and assess legal materials by way of statutory interpretation, case analysis and review of secondary materials to identify, comprehend and evaluate fundamental legal principles and their impact upon contemporary issues
• identify and locate primary and secondary (including electronic) legal sources relevant to equity and trusts law

The following is an indicative list of topics that will be covered during the module:

• Origin and nature of trusts and express trust;
• Express trust;
• Beneficiary principle and unincorporated associations;
• Formalities;
• Duties of trustees and breach of trust;
• Resulting trusts;
• Constructive trusts;
• Tracing.

Teaching and learning methods

Teaching methods include:

• Lectures to provide you with knowledge, information and critique of equity and trusts law within a structured context;
• Tutorials focused on developing your problem solving skills.

Learning activities include:

• Directed reading assisted by reading lists;
• Accessing electronic resources in the form of legislation, journals and case materials;
• Reviewing and critically evaluating complex material;
• Tackling and solving factual legal problems;
• Constructive participation in group discussions and exercises;
• Managing tasks within a given timeframe.

Resources & Reading list

Textbooks

Blackstone. Property Statutes. Oxford University Press.

Choose one of the mandatory texts listed below. These are supplemented by detailed reading lists for lectures and seminars, all available on Blackboard. Primary sources including cases and statutes, and some secondary sources (primarily journal articles) are available in paper and electronic form, the latter through electronic books and legal databases, provided by the library or otherwise publicly accessible via the worldwide web..

Glister, J and Lee, J (2015). Hanbury & Martin Modern Equity. Sweet & Maxwell.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Repeat Information

Repeat type: Internal & External