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 are investigated.
On successful completion of the module, students will be able to:
The module is delivered through a programme of weekly scheduled learning and teaching activities. These will outline topics and refer students to cases, articles and the reading list contained in the handbook. The sessions 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 sessions and will be expected to participate as both the exam and the coursework will draw on topics covered in these sessions.
Definitive UNISTATS Category | Indicative Description | Hours |
---|---|---|
Scheduled learning and teaching | Weekly face to face sessions | 66 |
Guided independent study | Preparation for weekly face to face sessions | 234 |
Total (number of credits x 10) | 300 |
The module is assessed by examination (60%) and coursework (40%).
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 |
2) Describe the relationship between express, resulting and constructive trusts and of the main circumstances in which resulting and constructive trust arise; | By examination and coursework |
3) Demonstrate an understanding of the duties, powers and liabilities of trustees; | By examination and coursework |
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 |
Description of Assessment | Definitive UNISTATS Categories | Percentage |
---|---|---|
Written exam | Written exam | 60% |
A 1,000 work written assignment on a specified topic | Coursework | 40% |
Total (to equal 100%) | 100% |
It IS NOT a requirement that any element of assessment is passed separately in order to achieve an overall pass for the module.
Virgo, G. The Principles of Equity and Trusts. Oxford University Press, Oxford, 2016.
Glister, J and Lee, J. Hanbury & Martin, Modern Equity, 20th Edition, Sweet & Maxwell, 2015
Burrows, A. The Law of Restitution. Butterworths, London, 1993.
Chambers, R. Resulting Trusts. Clarendon Press, Oxford, 2006.
Haley, M. Equity and Trusts. 7th Ed. Sweet & Maxwell Ltd, London. 2007.
Hudson, A. Equity and Trusts, 17th Edition, Routledge, 2013.
Maitland, FW. Equity also the forms of action at Common Law. Cambridge University Press, Cambridge, 1929.
Oakley, A. Parker and Mellows: The Modern Law of Trusts. 9th Edition. Sweet and Maxwell, 2008.
Pearce, R & Stevens, J. The Law of Trusts and Equitable Obligations. 4th Edition. Oxford University Press, Oxford, 2008.
Pettit, PH. Equity and the Law of Trusts. 12th Edition. Oxford University Press, Oxford, 2012.
Mitchell, C. Hayton and Mitchell: Commentary and Cases of the Law of Trusts and Equitable Remedies. 13th Edition. Sweet and Maxwell, London, 2010.
Watt, G.Trusts and Equity. Oxford University Press, Oxford, 2016.
Watt, G.Cases & Materials on Equity & Trusts. Oxford University Press, Oxford, 2016.
Watt, G. Equity Stirring - The Story of Justice Beyond the Law. Hart Publishing, Oxford, 2009.