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Equity and Trusts

  • Module code: LL6301
  • Year: 2018/9
  • Level: 6
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

Equity and trusts examines the idea of conscience in English law. It looks at how historically equity developed from the authority of the king in order to ameliorate the problems caused by an increasingly inflexible common law, at a time when parliament met infrequently. The concept of the trust where ownership is divided between legal and beneficial is examined, looking at the conscience-inspired constructive trust. The use of the trust in many contexts, including charity law and the administration of trusts, is investigated.

Aims

  • To introduce students to the general principles of equity and the concept of the trust
  • To develop awareness of the nature and creation of the trust relationship and of the distinction between legal and equitable ownership
  • To develop case analysis, problem solving and essay-writing skills

Learning outcomes

On successful completion of the module, students will be able to:

  • Explain the formation and essential requirements of an express trust and the extent to which purpose trusts, both charitable and non-charitable, may be valid
  • Describe the relationship between express, resulting and constructive trusts and of the main circumstances in which resulting and constructive trusts arise
  • Demonstrate an understanding of the duties, powers and liabilities of trustees
  • Apply legal principles to the solution of factual problems, and evaluate the various solutions proposed and present legal arguments effectively in writing

Curriculum content

  • An introduction to equity and to the nature of a trust
  • The requirements of certainty and formality for a valid express trust, including the operation of S 53 of the Law of Property Act 1925 emphasising purpose trusts, both charitable and non-charitable, with an outline of the rules against perpetuities
  • Resulting trusts and constructive trusts, including secret trusts, mutual wills and trusts imposed as a result of unconscionable conduct or breach of fiduciary duty, common intention constructive trusts and trusts of the family home
  • The nature and scope of charitable trusts and the Charities Act 2006. The powers and duties of trustees with particular reference to delegation and investment and the imposition of liability on third parties as constructive trustees

Teaching and learning strategy

The module is delivered through a programme of weekly feedback/feedforward sessions and workshops. The feedback/feedforward sessions will outline topics and refer students to cases, articles and the reading list contained in the handbook. The workshops provide a context in which students can access and evaluate the relevant legal concepts via the communal discussion of various problem scenarios and of specific legal issues. The students will prepare thoroughly for these workshops and will work studiously to produce assessed coursework.

Due to the experiential nature of the learning on this degree, and the importance of professional development enabling students to develop practical skills, learn from and interact with others, attendance is compulsory. Any students not attending a minimum of 80% of their timetabled sessions will be at risk of academic failure or termination from the course.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching Feedback/feedforward sessions and workshops 66
Guided independent study 234
Study abroad/placement
Total (number of credits x 10) 300

Assessment strategy

The module is assessed by examination (50%), coursework (40%), and a presentation (10%).

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) Explain the formation and essential requirements of an express trust and the extent to which purpose trusts, both charitable and non-charitable, may be valid By examination and coursework, presentation
2) Describe the relationship between express, resulting and constructive trusts and of the main circumstances in which resulting and constructive trusts arise By examination and coursework, presentation
3) Demonstrate an understanding of the duties, powers and liabilities of trustees By examination and coursework, presentation
4) Apply relevant legal principles to the sensible solution of factual problems, and critically evaluate the various solutions proposed and present relevant legal arguments effectively in writing By examination and coursework, presentation

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Answer three questions out of seven in two-and-a-half hours Written Exam 50
Essay question on the nature of equity Coursework 40
The presentation will take the format of a five-minute exposition of the contents of a single PowerPoint slide that contains three clauses in a fictitious will that the undergraduate candidate has created to highlight tensions in the three certainties contained in the clauses Practical Exam 10
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

G Virgo, The Principles of Equity and Trusts (Oxford University Press, 2012)

Bibliography recommended reading

A Burrows, The Law of Restitution (Butterworths, 1993)

R Chambers, Resulting Trusts (Oxford University Press, 2006)

M Haley, Equity and Trusts (7th edition, Sweet & Maxwell, 2007)

J E Hanbury, Hanbury and Martin Modern Equity (19th edition, Sweet & Maxwell, 2012)

F W Maitland, Equity, also The Forms of Action at Common Law (Cambridge University Press, 1929)

A Oakley, Parker and Mellows: the Modern Law of Trusts (9th edition, Sweet & Maxwell, 2008)

R Pearce and J Stevens, The Law of Trusts and Equitable Obligations (4th edition, Oxford University Press, 2008)

P H Pettit, Equity and the Law of Trusts (12th edition, Oxford University Press, 2012)

W Swadling (ed), The Quistclose Trust: Critical Essays (Hart Publishing, 2004)

C Mitchell, Hayton and Mitchell: Commentary and Cases of the Law of Trusts and Equitable Remedies (13th edition, Sweet & Maxwell, 2010)

G Watt, Equity and Trusts Law (Oxford University Press, 2008)

G Watt, Equity Stirring: the Story of Justice Beyond the Law (Hart Publishing, 2009)

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