Module Descriptors
EQUITY AND TRUSTS (PTE)
LAWS60719
Key Facts
Faculty of Business, Education and Law
Level 6
0 credits
Contact
Leader: Gillian Davenport
Hours of Study
Scheduled Learning and Teaching Activities: 32
Independent Study Hours: 168
Total Learning Hours: 200
Assessment
  • ASSIGNMENT weighted at 30%
  • EXAMINATION - UNSEEN IN EXAMINATION CONDITIONS weighted at 70%
Module Details
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 rights 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 eight 3 hour seminars spread over two blocks in Semester 1 and 2 will provide students with an overview of the subject topics to be developed through tutorials, IT supported learning materials and independent reading [8 weeks x 3 hours = 24 hours]

Small Group Sessions
Eight 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 on student led discussion. The tutorials will be supported by Web based materials to provide prior information and subsequent feedback [8 weeks x 1 hour = 8 hours]

Directed 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

[168 hours]

TOTAL LEARNING TIME 200

Module Texts
Hanbury & Martin (2001) Modern Equity, 17th ed. Sweet & Maxwell
or
Hudson (2005) Equity & Trusts Law, 3rd ed. Cavendish
or
Todd & Wilson (2005) Textbook on Trust, 7th ed. Oxford

Or later editions, if available

Module Resources
Well stocked Law library
Internet resources on general and specialist data bases
Appropriate texts legislation and case law
Module Additional Assessment Details
Details:- 1 x assignment 3000 words - Semester 1 (30%), which will assess Learning Outcomes 2, 4 and 5
1 x examination 3 hours - Semester 2 (70%), which will assess Learning Outcomes 1, 3 and 4