Module Descriptors
LAW OF TRUSTS AND EQUITABLE REMEDIES
LAWS62005
Key Facts
Health, Education, Policing and Sciences
Level 6
1 credits
Contact
Leader: Rachael Stretch
Hours of Study
Scheduled Learning and Teaching Activities:
Independent Study Hours:
Total Learning Hours: 300
Assessment
  • Written Exam - 3 hour unseen exam weighted at 100%
Module Details
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].
Learning Strategies
Whole Group Sessions
A framework of 1 hour weekly whole group sessions will provide students with an overview of the subject topics to be developed through small group sessions, 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 2 hour = 20 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 [236 hours]

TOTAL LEARNING TIME 300 HOURS
Assessment Details
End of Module Unseen 3 hour examination
This will assess all learning outcomes and will require an in depth consideration of a topic or topics studied in Semester 1and 2.

To pass this module, students must obtain a mark of at least 40%.
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.
Texts
Hudson : Equity & Trusts (8th ed. Cavendish 2015)
OR
Jill E Martin Hanbury & Martin: Modern Equity (19th ed. Sweet & Maxwell, 2013)
OR
Watt: Equity & Trusts Law, (Directions Series) (4th Ed. Oxford University Press 2014)

A full reading list is provided in the Subject Study Guide
Learning Outcomes
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