Programme/Approved Electives for 2023/24
Available as a Free Standing Elective
LAW-10039 (Legal Essentials)
The Law of Trusts develops the knowledge you acquired in Introduction to Property Law (LAW-10037) at Level 4 and The Law of Real Property (LAW-20068) at Level 5 with a firm focus on Equity and Trusts. As one of the key foundations of legal knowledge, this module will ensure that you have the skills and confidence to engage in critical analysis and problem-solving in this important area of law. Dealing with testamentary and life-time trusts, private and charitable trusts, breach of trust and associated remedies, its scope is broad and its utility clear. This module is essential should you wish to pursue a career in legal practice.
The Law of Trusts builds on knowledge acquired at Level 4 in Introduction to Property (LAW-10037) and developed in Level 5 in The Law of Real Property (LAW-20068) to provide an in-depth study of the Law of Trusts in Equity. As such, it is the third of three property law modules carefully designed to structure and nurture knowledge and understanding at each level of study.The module aims to introduce students to the rules governing the creation of express private trusts, analysing issues of certainty and constitution. Students will be equipped to draw comparisons with implied trusts such as Quistclose trusts in a commercial context. Students will develop their understanding of charitable (i.e. public trusts) and the beneficiary principle. Students will acquire detailed knowledge of the 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: 1Critically evaluate issues in judicial decision-making by reference to authority and the views of academic commentators: 1
Lectures: 20 hours;Tutorials (including assessment prep): 6 hours;Completing tutorial preparation and self-study worksheets: 40 hours;Preliminary reading and lecture preparation: 10 hours;Assessment preparation and further reading: 74 hours
1: Assignment weighted 100%
Description of Module Assessment
3,000-word assignment comprising two questionsStudents must complete one question from Part A (essay) and one question form Part B (problem scenario). The questions are equally weighted. Students will have a choice of questions in each part.