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
Learning Outcomes
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
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- communicate and present written arguments at a high level, supported by appropriate evidence and demonstrating a thorough appreciation of academic integrity.
- formulate a highly effective reasoned and structured argument
- effectively apply knowledge to solve a range of practical problems
- analyse, interpret and evaluate very complex material
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- produce very effectively reasoned and structured responses to a given statement or proposition.
- 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.
- 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.
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.
Type | Hours |
---|---|
Revision | 30 |
Wider reading or practice | 30 |
Completion of assessment task | 10 |
Follow-up work | 20 |
Lecture | 20 |
Tutorial | 10 |
Preparation for scheduled sessions | 30 |
Total study time | 150 |
Resources & Reading list
Textbooks
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 (primarily journal articles) are available in paper and electronic form, the latter through electronic books and legal databases, provided by the library or otherwise publically accessible via the worldwide web..
J Glister and J Lee (2015). Hanbury & Martin Modern Equity. Sweet & Maxwell.
Blackstone's Property Statutes. OUP.
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