Module Descriptors
LAW OF TRUSTS AND EQUITABLE REMEDIES
LAWS62057
Key Facts
Health, Education, Policing and Sciences
Level 6
20 credits
Contact
Leader: Rachael Stretch
Email: Rachael.Stretch@staffs.ac.uk
Hours of Study
Scheduled Learning and Teaching Activities: 39
Independent Study Hours: 161
Total Learning Hours: 200
Pattern of Delivery
- Occurrence A, Stoke Campus, UG Semester 1
- Occurrence C, Asia Pacific Institute of Information Technology Sri Lanka (Colombo), UG Semester 1
- Occurrence D, Asia Pacific Institute of Information Technology Sri Lanka (Kandy), UG Semester 1
Sites
- Asia Pacific Institute of Information Technology Sri Lanka (Colombo)
- Asia Pacific Institute of Information Technology Sri Lanka (Kandy)
- Stoke Campus
Assessment
- Critique of Article - 2000 Words weighted at 50%
- MCT - 1.5 Hours weighted at 50%
Module Details
WEB DESCRIPTOR
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.
MODULE LEARNING OUTCOMES
1. Identify, explain and interpret the concepts and principles of the law of trusts relating to the formation of trusts and the roles of the trustee and beneficiary.
2. Analyse the nature of equity and contrast it with the common law.
3. Apply relevant equitable principles to legal problems.
4. Analyse and appraise issues and debates in the Law of Trusts.
2. Analyse the nature of equity and contrast it with the common law.
3. Apply relevant equitable principles to legal problems.
4. Analyse and appraise issues and debates in the Law of Trusts.
MODULE ADDITIONAL ASSESSMENT DETAILS
Critique will assess knowledge and understanding, enquiry and analysis. Students will comment on and evaluate the arguments an academic article discussing an issue in equity. (LOs 1, 2 and 4)
The MCT will cover the breadth of topics taught and will include both recall and understanding questions and application of subject knowledge to problem questions. (LOs 1, 2 and 3)
The Critique will take place during the 8th week of the module and the MCT will take place during the 15th week of the module
The MCT will cover the breadth of topics taught and will include both recall and understanding questions and application of subject knowledge to problem questions. (LOs 1, 2 and 3)
The Critique will take place during the 8th week of the module and the MCT will take place during the 15th week of the module
MODULE INDICATIVE CONTENT
Introduction to the trust and the roles of the trustee and beneficiary
The three certainties
Constitution and Formalities
Resulting Trusts
Constructive Trusts
Private Purpose Trusts
Charitable Trusts and Cy-pres
Duties of Trustees
Powers of Trustees
Breach of duty and Remedies
Equitable remedies
The three certainties
Constitution and Formalities
Resulting Trusts
Constructive Trusts
Private Purpose Trusts
Charitable Trusts and Cy-pres
Duties of Trustees
Powers of Trustees
Breach of duty and Remedies
Equitable remedies
MODULE LEARNING STRATEGIES
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 lead 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 one-hour sessions will be lecturer lead 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.
MODULE TEXTS
G. Watt, Trusts and Equity (9th Edition, OUP, 2020)
G. Virgo The Principles of Equity and Trusts (4th Edition, OUP 2020)
Hudson Equity and Trusts (9th Edition, Routledge, 2017)
P. Davies and G. Virgo Equity and Trusts, Texts, Cases and Materials (3rd Edition, OUP, 2019)
R. Pearce and W. Barr Pearce and Stevens, Trusts and Equitable Obligations (7th Edition, OUP 2019)
G. Virgo The Principles of Equity and Trusts (4th Edition, OUP 2020)
Hudson Equity and Trusts (9th Edition, Routledge, 2017)
P. Davies and G. Virgo Equity and Trusts, Texts, Cases and Materials (3rd Edition, OUP, 2019)
R. Pearce and W. Barr Pearce and Stevens, Trusts and Equitable Obligations (7th Edition, OUP 2019)
MODULE RESOURCES
Oxford Law Trove
Westlaw
Practical Law
Westlaw
Practical Law