Module Descriptors
EQUITY AND TRUSTS (PTE)
LAWS60947
Key Facts
School of Justice, Security and Sustainability
Level 6
1 credits
Contact
Leader: Gillian Davenport
Hours of Study
Scheduled Learning and Teaching Activities: 32
Independent Study Hours: 168
Total Learning Hours: 200
Assessment
  • EXAMINATION - UNSEEN IN EXAMINATION CONDITIONS weighted at 100%
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 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]

Although contact time is lower than for day-time attendance, the additional emphasis on directed and self-managed study, helped by online and other learning resources and support from module teams, and opportunities to make use of the library and IT systems while on-site and when working from home or other locations, ensures that students have a comparable learning experience and support to day-time attenders.

TOTAL LEARNING TIME 200
Module Resources
Accessing Resources
Well stocked Law library
Internet resources on general and specialist data bases
Appropriate texts legislation and case law
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
Module Additional Assessment Details
An EXAM length 3 HOURS weighted at 100%.
Details:-
Teaching Block 2:
1 x 3 hour examination - 100%, assessing Learning Outcomes 1-4