Programme/Approved Electives for 2024/25
None
Available as a Free Standing Elective
No
Aims
The Law of Trusts will build on knowledge acquired in Introduction to Property (LAW-10037) to strengthening students' grasp of core principles in a related foundation subject. Studied alongside the Law of Real Property (LAW-20068) students on this core module will acquire competence and confidence interpreting and applying case law, addressing matters of property law in family and commercial contexts. Students will be introduced to the rules governing the creation of express private trusts, analysing issues of certainty and constitution. Comparisons will be drawn with implied trusts such as Quistclose trusts in a commercial context. Charitable (i.e. public trusts) will be considered in depth, alongside the beneficiary principle. Finally, students will consider the main duties of trustees, when those duties are breached, the process for tracing misappropriated trust property and the range of personal and proprietary claims arising from a breach of trust.
Intended Learning Outcomes
Describe and distinguish between different types of trust and the circumstances in which they arise: 1Explain the significance and relevance of the trust and discuss its utility by reference to family and commercial contexts: 1Identify and apply relevant statutory provisions to the law of trusts: 1Analyse and appraise historical and contemporary policy and case law developments in the law of equity and trusts: 1Evaluate issues in judicial decision-making by reference to authority and the views of academic commentators: 1
Preliminary reading and lecture preparation: 10 hours;Lectures: 20 hours;Completing tutorial preparation and self-study worksheets: 40 hours;Tutorials: 6 hours;Assessment preparation and further reading: 74 hours
Description of Module Assessment
1: Assignment weighted 100%Assignment based on course topicsStudents must to complete two tasks: answer one problem question from a choice of two; one critical commentary from a choice of three (2,500 words total). The questions are equally weighted.