LAW-30056 - 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

LAW-30055 Equity 1

Barred Combinations

None

Description for 2020/21

Equity 2 develops knowledge acquired in Equity 1 with a focus on trusteeship, breach of trustees' duties and tracing misappropriated assets. It covers the range of claims (personal and proprietary) that follow from a breach of trust, of obvious utility in cases of commercial fraud. In addition, the remedies of specific performance and injunctions are introduced and examined by reference to a range of contemporary disputes in topical areas such as privacy and right to light. This module will ensure that students have the skills and confidence to engage with case law analysis and problem-solving and to critique judicial decision-making in diverse and interesting contexts. It is essential for students wishing to pursue a career in legal practice.

Building on knowledge acquired in Equity 1, this module aims to enhance student understanding of general equitable principles with a focus on remedies. The traditional equitable remedies of injunction and specific performance will be introduced and examined. Their availability and application to a range of contemporary problems or disputes in the commercial and domestic spheres will be appraised. Students will also focus on breach of trust, considering the duties of trustees, when those duties are breached, the process of tracing misappropriated trust property or assets and the range of personal and proprietary claims arising from a breach of trust. This module will promote understanding of related history and policy through critical engagement with case law and the views of commentators.

Intended Learning Outcomes

Describe, distinguish between and determine the availability of equitable remedies in disputes arising in commercial and domestic contexts: 1
Explain trustees' duties and evaluate the range of personal and proprietary claims that flow from a breach of trust or fiduciary duty: 1
Identify and apply relevant cases and statutory provisions to contemporary problems in the law of trusts
: 1
Analyse and appraise historical and contemporary policy and case law developments in the law of equity and trusts: 1
Critically evaluate issues in judicial decision-making by reference to authority and the views of academic commentators: 1

Study hours

Lectures: 20 hours
Tutorials: 5 hours
Completion of worksheets and formative exercises: 20 hours
Preparation for tutorials: 60 hours
Examination preparation: 45 hours

School Rules

None

Description of Module Assessment