Module overview
Equity and Trusts 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
Learning Outcomes
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
- 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
- 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
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- analyse, interpret and evaluate complex material
- effectively apply knowledge to solve practical problems
- formulate an effectively reasoned and structured argument
- communicate and present written arguments supported by appropriate evidence and demonstrating an appreciation of academic integrity
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 application of equity and trust principles to factual circumstances
- the nature and operation of trusts in England and Wales
Syllabus
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.
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.
Type | Hours |
---|---|
Revision | 30 |
Wider reading or practice | 30 |
Lecture | 20 |
Preparation for scheduled sessions | 30 |
Follow-up work | 20 |
Completion of assessment task | 10 |
Tutorial | 10 |
Total study time | 150 |
Resources & Reading list
Textbooks
Blackstone. Property Statutes. Oxford University Press.
Glister, J and Lee, J (2015). Hanbury & Martin Modern Equity. Sweet & Maxwell.
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..
Assessment
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.
Method | Percentage contribution |
---|---|
Examination | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
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.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat Information
Repeat type: Internal & External