The University of Southampton
Courses

LAWS3153 Equity and Trusts (AJP)

Module Overview

This version of Equity and Trusts is delivered for you if you are studying the LLB JD Pathway, the LLB Accelerated programme or the LLB Law with Psychology programme.. The module examines the origin of equity, and the principles associated with equity and trusts. It assesses critically the application of those principles to factual circumstances; the manner in which these principles affect people in their everyday lives; how those principles are to be reconciled with the principles governing the creation of express trusts, the imposition of trusts by law; how equity and trusts law adapt to changing social conditions.

Aims and Objectives

Module Aims

- to give you the opportunity to explore and understand the dynamic role of equity and, in particular, the trust, so that you can develop an understanding of the principles of the trust, the nature of the office of trustee and of the beneficial interests behind the trust. - to provide you with exposure to legal principles derived from a variety of legal instruments including primary materials found in reported cases and statutes and in some secondary materials of leading academic discourse. - to enable you to develop skills of legal analysis and problem solving in Equity and Trusts Law. - to encourage you to evaluate the flexibility of equity and the trust and its responsiveness to the ever changing circumstances of an evolving society.

Learning Outcomes

Knowledge and Understanding

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

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

Having successfully completed this module you will be able to:

  • skilfully identify and locate primary and secondary (including electronic) legal sources relevant to equity and trusts law
  • adeptly 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.
  • from a given factual scenario: • identify a full range of relevant legal facts and legal issues raised; • very effectively explain the law applicable to the identified legal issues; • skilfully apply the relevant law to the given facts; • examine in depth uncertainties in the law and evaluate alternative approaches; • provide comprehensive support by reference to legal authority.
  • produce very effectively reasoned and structured responses to a given statement or proposition.
  • communicate effectively 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.
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • analyse, interpret and evaluate very complex material
  • effectively apply knowledge to solve a range of practical problems
  • formulate a highly effective reasoned and structured argument
  • communicate and present written arguments at a high level, supported by appropriate evidence and demonstrating a thorough appreciation of academic integrity.

Syllabus

Module Content 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 and; • Tracing.

Learning and Teaching

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.

TypeHours
Tutorial8
Preparation for scheduled sessions30
Follow-up work20
Lecture22
Completion of assessment task10
Revision30
Wider reading or practice30
Total study time150

Resources & Reading list

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

Below are the Mandatory texts, from which students should choose one: 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 (prim. 

Blackstone's Property Statutes. 

Assessment

Formative

Essay

Summative

MethodPercentage contribution
Examination  (2.5 hours) 100%

Repeat

MethodPercentage contribution
Examination  (2.5 hours) 100%

Referral

MethodPercentage contribution
Examination  (2.5 hours) 100%

Repeat Information

Repeat type: Internal & External

Costs

Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:

Printing and Photocopying Costs

Additional printing costs may apply.

Textbooks

Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the mandatory text as appropriate.

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.

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