LAW-30055 - Module Specification
School of Law
Faculty of Humanities and Social Sciences

Programme/Approved Electives for 2020/21

Available as a Free Standing Elective

Co-requisites

None

Prerequisites

None

Barred Combinations

None

Description for 2020/21

Equity 1 provides the grounding for understanding the law of equity and trusts and equips students to undertake Equity 2 in the following semester. The role of equity in private law is examined and the concept, origins and utility of the trust are explored. The module examines the ingredients necessary for the existence of a trust, how legal title to property is transferred and trusts constituted and how trusts operate in the context of the family home and charities. The module will ensure that students have the skills to undertake problem solving, engage with case law, appraise judicial decision-making and review the work of academic commentators. It is essential for students wishing to pursue a career in legal practice.

Together with Equity 2, to provide a coherent overview of the central role of equity in private law. This module will focus upon the nature and types of trust; the rules and formalities that underlie the creation of a trust (particularly those concerning the certainties and constitution of trusts); and the deployment of the trust in the spheres of the family home and charities. The module will promote an understanding of the history and policy through critical engagement with case law and academic commentary.

Intended Learning Outcomes

Understand the nature and role of the trust and how to distinguish it from other types of legal relationship: 1
Explain the certainties that underpin the existence of a trust, when trusts are constituted and how trusts operate in relation to the family home and charities: 1
Identify and apply relevant case law and legislative provisions in the context of contemporary issues and practical scenarios: 1
Evaluate the key policy and socio-economic factors that have shaped the modern law of equity and trusts: 1
Appreciate the nuanced views of judges and commentators concerning the application and development of the law: 1

Study hours

Lectures: 20 hours
Tutorials: 6 hours
Completion of work sheets 24 hours
Tutorial Preparation 60 hours
Examination preparation: 40 hours

School Rules

None

Description of Module Assessment