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.

The module is designed to develop students’ understanding and knowledge of how equitable obligations are created and their effects. The module will explore both the theoretical basis for equity obligations and their practical application.

To cover the following areas:
• The historical development of equity.
• Equitable maxims.
• The definition of a trust and its use in commerce, charity and the family.
• Creating an express trust: the three certainties and formation.
• Testamentary capacity
• The exceptional cases: donatio mortis causa and secret trusts.
• Non-express trusts – the resulting trust.
• Non-express trusts – the constructive trust with a particular emphasis on its use for home ownership.
• The non-charitable purpose trust.
• Charitable trusts.
• The duties and powers of trustees, the appointment and removal of trustee and the fiduciary principle.
• Breach of duty, the trustee and third parties.
• Tax: IHT, IT and CGT
• The equitable remedies

Whole Group Sessions
One hour lecture each week to provide an overview and introduction to the issues and relevant materials.


Small group sessions
Two hours each week. These will develop the understanding and build on the lecture material. As well as exploring substantive issues, these sessions will also promote and reinforce skills such as problem solving, research, presentation and critical analysis.


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.



TOTAL LEARNING TIME 300 HOURS

FOR PURCHASE/ ESSENTIAL

One of the following:

G. Watt Directions: Equity and Trusts Law Oxford University Press (2016)
A Hudson, Equity and Trusts Routledge (2015)
S. Panesar Equity and Trusts Longman (2017)

FURTHER READING
Hanbury and Martin Modern Equity Sweet and Maxwell (2015)
M. Haley and L. McMurty Equity and Trusts Sweet and Maxwell (2014)

1. DEMONSTRATE A SYSTEMATIC UNDERSTANDING OF KEY ASPECTS, INCLUDING ACQUISITION OF COHERENT AND DETAILED KNOWLEDGE, AT LEAST SOME OF WHICH IS AT OR INFORMED BY, THE FOREFRONT OF DEFINED ASPECTS OF THE LAW OF EQUITY AND TRUSTS
Knowledge and
Understanding

2. ABILITY TO ANALYSE AND CRITICALLY DISCUSS IN A REASONED AND COGENT MANNER THE PRINCIPLES OF THE LAW OF EQUITY AND TRUSTS DEMONSTRATING AN UNDERSTANDING OF THE UNCERTAINTY, AMBIGUITY AND LIMITS OF KNOWLEDGE.
Learning

3. MANAGE LEARNING,EXERCISE INITIATIVE AND DEMONSTRATE LEARNING ABILITY IN RELATION TO THE LAW OF EQUITY AND TRUSTS
Reflection

4. DESCRIBE AND COMMENT UPON CURRENT RESEARCH, OR EQUIVALENT ADVANCED SCHOLARSHIP AND CRITICALLY EVALUATE ARGUMENTS, ASSUMPTIONS, ABSTRACT CONCEPTS AND DATA (THAT MAY BE INCOMPLETE), TO MAKE JUDGEMENTS.
Analysis

5. APPLICATION OF THE PRINCIPLES OF THE LAW OF EQUITY AND TRUSTS TO PROPOSE AND EVALUATE ALTERNATIVE SOLUTIONS TO PRACTICAL FACT BASED PROBLEMS TO ACHIEVE A SOLUTION - OR IDENTIFY A RANGE OF SOLUTIONS – TO A PROBLEM AND USE DECISION-MAKING IN COMPLEX AND UNPREDICTABLE CONTEXTS.
Problem Solving
Application

6. COMMUNICATE AND ANALYSE INFORMATION, IDEAS, PROBLEMS, AND SOLUTIONS TO BOTH SPECIALIST AND NON-SPECIALIST AUDIENCES.
Communication

Semester 1
Written coursework of up to 3000 based on a topic covered in Semester one. 50% weighting
To pass this module, students must obtain a mark of at least 40%.

Semester 2
Unseen Online Examination lasting 2 hours [weighting 50%] covering material from semesters 1 and 2.
The exam will assess learning outcomes 1, 2, 5 and 6.
To pass this module, students must obtain a mark of at least 40%.

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 developed to add fairness and flexibility to the common law and will discover the trust and how it can be used to own property. The module will include practical work on drafting and discussion of the duties and powers of the trustee.