Module Additional Assessment Details
Semester 1 Assignment 2,500 Words [50%]
The assignment will assess learning outcomes 1, 2, and 4 and will require as in depth consideration of a topic or topics studied in Semester 1.
Semester 2 Examination 2 hours [50%]
The examination will assess learning outcomes 1, 2, 3, 4.
To pass this module, students must obtain a mark of at least 40%.
Students must obtain at least 25% in both the coursework and examination elements of the module.
Module Indicative Content
The module is designed to provide students with the foundations of knowledge essential to an understanding of the theoretical basis and practical application of the law relating to Equity and Trusts and to acquire and develop skills both generic and specific to facilitate their current and future study of law. Emphasis will be placed on developing an understanding of the principles relating to the creation and enforceability of Equitable and Trust obligations through the study of the core topics prescribed by the Law Society. To cover the following areas:
- Introduction to Equity - Definition, History, Identifying Features, Relationship with Common Law, Modern Equity Fusion,
- The Trust Concept and its use - commercial family and charitable,
- Formation Requirements - Formality, Constitution, Three Certainties, Beneficiary Principle,
- Charitable and Purpose Trusts,
- Implied Trusts - Constructive and Resulting,
- Estoppel,
- Secret Trusts,
- Undue Influence,
- Equitable Remedies,
- Trusts Administration and Control - Trustees' Powers and Duties, Fiduciary Principles, Variation, Breach of Trust Enforcement [including tracing].
Module Learning Strategies
Whole Group Sessions
A framework of 2 hour weekly lectures will provide students with an overview of the subject topics to be developed through tutorials, IT supported learning materials and independent reading [22 weeks x 2hours = 44 hours]
Small Group Sessions
These will consist of 10 fortnightly tutorials which will involve both the discussion of theoretical issues and practical problem solving. A variety of teaching methods will be employed but with an emphasis on student led discussion. The tutorials will be supported by Web based materials to provide prior information and subsequent feedback [10 weeks x 1 hour = 10 hours]
Independent Study
Written tutorial sheets outlining the prior research and preparation required for tutorials. These will be supported by web based interactive materials.
Worksheets/study plans to develop topics introduced in lectures or to develop topics discussed in tutorials. These will be supported by written and web based materials including time phased feedback.
Suggested further reading - paper and web based
Revision Materials - paper and web based [246 hours]
TOTAL LEARNING TIME 300
Module Resources
Access to appropriate texts, legislation and case law.
Module Study Guide.
Computing facilities will be needed to access material available on the web and specialist on-line databases.
Module Texts
Hudson : Equity & Trusts, Current ed. Cavendish, London
OR
Jill E Martin : Modern Equity, Current ed. Sweet & Maxwell, London
OR
Watt: Equity & Trusts Law, (Directions Series) Current ed. Oxford University Press
A full reading list is provided in the Subject Study Guide