Module Information
Course Delivery
Assessment
Due to Covid-19 students should refer to the module Blackboard pages for assessment details
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Assessment | Essay (2,500 words) | 50% |
| Semester Exam | 2 Hours | 50% |
| Supplementary Assessment | Essay (2,500 words) | 50% |
| Supplementary Exam | 2 Hours | 50% |
Learning Outcomes
On successful completion of this module students should be able to:
1. Give students an understanding of the legal rules governing the establishment and management of Trusts.
2. Introduce students to the analytical skills to appreciate and evaluate complex property transactions and concepts.
3. Learn to develop logical skills, including the application of relevant information to solving complex legal problems.
4. Critically analyse complex problems in the law of equity and trusts, apply the legal principles studied to these problems, evaluate competing arguments or solutions.
5. Show an ability to explain the operation of the law to those that do not have a legal background.
6. Argue the application of the law to parties in dispute – presenting each party’s case and evaluating which is the more persuasive argument.
7. Communicate the results in writing effectively at an academic level using the relevant terminology and appropriate citation of material.
8. Apply in a detailed manner existing knowledge to new scenarios.
9. Show a critical understanding of the key aspects of equity and trusts, including acquisition of coherent and detailed knowledge, at least some of which is at, or informed by, the forefront of defined aspects of a discipline.
10. Deploy accurately established techniques of analysis and enquiry within a discipline.
11. Devise and sustain detailed arguments, and/or to solve problems, using ideas and techniques, some of which are at the forefront of a discipline.
12. Describe and comment critically upon particular aspects of current research, or equivalent advanced scholarship, in the discipline.
13. Appreciate critically the uncertainty, ambiguity and limits of knowledge.
14. Manage their own learning, and to make use of scholarly reviews and primary sources (for example, refereed research articles and/or original materials appropriate to the discipline).
Brief description
Students need to study Equity and the Law of Trusts in order to gain exemption from the Law Society and Bar Part I examinations. Trusts are set up for many reasons, for instance joint ownership of the matrimonial home; to avoid the payment of tax; to provide for infants, the elderly or mentally disordered persons; or to protect people from their own excesses or what the settlor perceives to be their excesses. In these cases the trusts are set up deliberately and usually after considerable forethought and advice. In other cases, giving is spontaneous and here the law has to find a framework within which to administer the resulting fund. The role of trusts in promoting public policy and the increasing importance of trusts in commercial law is also considered. The role and availability of equitable remedies will be considered also.
Content
1(a). Equitable principles and remedies
development of equity and equitable remedies
reasons for the development of trusts
trusts as tax avoidance method
trusts as protective devices
trusts in commerce
(b). Remedies and the importance of interlocutory procedures in practice
injunctions: interlocutory, final and freezing injunctions and search orders
reservation of title and tracing
specific performance
damages in equity
account of profits
(c). The Law of Trusts
2. Trusts for the benefit of persons
(a) Creation of a trust
Capacity
requirement of certainty
Intention to create a trust
formalities
perpetuities
(b) Certainty of beneficiaries
Trusts and Powers
nature of the beneficial interest
(c) Certainty of property
3. Succession
4. Variation of Trusts
1(a). Equitable principles and remedies
development of equity and equitable remedies
reasons for the development of trusts
trusts as tax avoidance method
trusts as protective devices
trusts in commerce
Module Skills
| Skills Type | Skills details |
|---|---|
| Application of Number | |
| Communication | Seminar discussions will develop individual and group presentation and oral argument. |
| Improving own Learning and Performance | Seminar participation, class problem solving exercises and exam will develop different aspects of personal academic development, from understanding and referencing sources through to the dissemination of ideas to others orally, and via written communication skills. |
| Information Technology | Library and research skills are fundamental to preparation for seminars, the essay and exam. |
| Personal Development and Career planning | This is a compulsory module for anybody seeking a QLD |
| Problem solving | Seminar discussion/problem solving practice lectures. |
| Research skills | These skills will be developed through preparation for seminars, essay and the exam. |
| Subject Specific Skills | Reading and understanding relevant materials in the field of Trusts Law primarily case law and academic analysis |
| Team work | Group activities and discussion in seminars. |
Notes
This module is at CQFW Level 6