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
Knowledge and understanding
2. Analyse the nature of equity and contrast it with the common law
Analysis
3. Apply relevant equitable principles to legal problems.
Application
Problem solving
4. Analyse and appraise issues and debates in the Law of Trusts.
Learning
Analysis
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)
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
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 will discover the trust and how it can be used to solve legal problems.
Learning Strategies
The majority of learning materials will be presented online asynchronously organised as a series of weekly topics. Students will be encouraged to follow the weekly schedule where this is possible.
Three synchronous online webinars will be held to provide opportunities for live interaction between students and lecturer, to cover an introduction to the module and learning expectations, a coursework assessment guidance session, and a consolidation session prior to the MCT assessment date. These sessions will be recorded for the benefit of students who are unable to attend at the scheduled time.
The online learning materials will be organised as a range of short activities for each topic which allow students to construct and apply their own knowledge as they work through them. Instant feedback will be provided where appropriate on computer-aided tests of knowledge. Summaries and explanations of more complex applied and critical tasks will be available, allowing students to assess their progress against suggested answers.
Tutor-student and peer interaction will be facilitated through the use of collaborative online learning spaces. Students will be able to post questions and queries as they reflect on their own developing understanding of the key subject concepts.
Reference Texts
G. Watt, Trusts and Equity (OUP) 2020 available on Law Trove
G. Virgo The Principles of Equity and Trusts 4th Edition (OUP) 2020 available on Law Trove
Resources
Oxford Law Trove
Westlaw
Practical Law