Equity and Trusts

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• 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
• produce effectively reasoned and structured responses to a given statement or proposition
• 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.
• identify and locate primary and secondary (including electronic) legal sources relevant to equity and trusts law
• 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

Knowledge and Understanding

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

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

Transferable and Generic Skills

Having successfully completed this module you will be able to:

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

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 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.

Formative

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

Essay

• Assessment Type: Formative
• Feedback: Feedback is provided by the mark awarded supported by written tutor feedback following the school’s formative assessment feedback form. Individual oral tutor feedback is provided upon student request.
• Final Assessment: No
• Group Work: No

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.