1. Demonstrate knowledge and critical understanding of key concepts and principles in equity and the law of trusts

Knowledge and understanding

2. Analyse and evaluate relevant case law and academic literature.

Learning
Analysis

3. Communicate effectively and clearly using an appropriate academic style including accurate use of OSCOLA referencing conventions.

Communication
Learning

Students will demonstrate understanding of an academic article on an area of equity and trusts (LO 2). They will evaluate the article’s conclusions (LO 2) with their discussion and evaluation (LO 2 ) being based on knowledge of the relevant area (LO 1) and analysis of the article and other sources e.g. other articles and cases (LO 2). They will communicate their discussion of the article clearly (LO 3)

The module will cover:
The requirements for a valid trust: the certainties, constitution and formalities.
Resulting and constructive trusts
Charitable trusts, cy-pres and private purpose trusts.
Appointment and removal of trustees
The duties and powers of trustees
Trustee liability for breach of duty
Equitable remedies.

Commerce and charities, taxation and family finance, wills and wealth management: The Law of Trusts and Equitable Remedies is a module that spans lots of different areas of law and human experience. In this module, you will learn about how equity adds fairness and flexibility to the common law and how trust can be used to solve legal problems. Any student who plans to be a barrister, solicitor or legal executive will need to know law of trusts and equitable remedies as part of their professional qualifications. Beyond that, the wide scope of equity means it is useful to students who plan to work in business, finance or in the third sector.

The module will have 13 one hour sessions, 13 two-hour sessions and will be supported by 161 hours of independent study.
The one-hour sessions will be lecturer-led and will reinforce the students’ research and learning in the two-hour sessions. Students will be able to ask questions and contribute during the one-hour session.
In the two-hour sessions, students will develop their knowledge of equity and the ability to apply it and to reflect critically. In the workshops, legislation, case law and academic opinion will all be considered and discussed. Students will be given regular constructive feedback both from the lecturer and from their peers.

The recommended texts for this module are:

G. Watt, Trusts and Equity (10th Edition, OUP, 2023)
G. Virgo The Principles of Equity and Trusts (5th Edition, OUP 2023)

Both of these are available on Law Trove

For more in depth information, students are recommended to use A. Hudson Equity and Trusts (10th Edition, Routledge, 2021)

Oxford Law Trove