MODULE SPECIFICATION

Code: UJUTK4-30-3 Title: Equity and Trusts Version: 6

Level: 3 UWE credit rating: 30 ECTS credit rating: 15

Module type: Standard

Owning Faculty: SSH Field: Undergraduate Law Field Leader: Mark O’Brien

Faculty Committee approval: Quality and Standards Date:

Approved for Delivery by:

Valid from: September 2009 Discontinued from:

Contributes towards: LL.B; LL.B. (COMMERCIAL LAW); LL.B. (EUROPEAN AND INTERNATIONAL LAW); LL.B. (LAW WITH FRENCH); LL.B. (LAW WITH GERMAN); LL.B. (LAW WITH SPANISH); LL.B. (LAW WITH ENGLISH AS A FOREIGN LANGUAGE); LAW JOINT AWARDS, LAW WITH CRIMINOLOGY, CRIMINOLOGY WITH LAW.

Pre-requisites: Either UJUTA3-30-1 Method, Procedure & Systems + Law modules at level 1 worth at least 30 credits or 80 credits acceptable to the Law award on which the student is registered. Credits passed must include either Contract or Land Law.

Co-requisites: None

Excluded combinations: None

Learning outcomes:

By the end of the module the student should have:

Developed a fuller understanding of the law of Property, building upon knowledge acquired in Land Law. Tested in components A and B.

An appreciation of the distinctive contribution made by Equity to English Law. Tested in components A and B.

Acquired a sound knowledge of the law of Trusts. Tested in components A and B.

Developed an appreciation of the economic and social context of some areas of Property Law. Tested in component B.

Developed the ability to deal with the conceptual problems of Equity and Property. Tested in components A and B.

Acquired the ability to research the law and its background without supervision. Tested in component B.

Acquired the ability to apply knowledge to factual situations both real and imaginary. Tested in components A and B.

Acquired greater competence to deal with case law. Tested in components A and B.

Acquired the ability to effectively communicate knowledge and understanding in a clearly structured way. Tested in components A and B.

Syllabus outline:

The Social Context of Trusts

The history and development of trusts and equity. The different types of trust that may exist.

Trusts of the Family Home.

The Administration of Trusts

The Powers and Duties of Trustees:

Investment - Express and Statutory. The Trustee Act 2000.

Statutory Delegation of Trustees' Powers and Duties.

Variation of trust.

Property Transactions during life

The Formality requirements s.53(1)(b) and 53 (1)(c) Law of Property Act 1925.

Completely and Incompletely Constituted Trusts. Equity will not assist a volunteer.

Trusts and Powers. Power of Appointment, Fiduciary Powers and Discretionary Trusts.

The ThreeCertainties : Certainty of Intention, Certainty of Subject Matter and Certainty of Objects.

Property Transactions upon Death

The basic principles of Wills.

Exceptions to the rule. Secret Trusts, Mutual wills and Donatis Mortis Causa.

Public Trusts

Charities. Advantages of charitable status eg taxation of charities. The definition of charity:charities for education,religion, poverty and public benefit. Restrictionsupon political activity. The Cy Près doctrine.

Purpose Trusts : restrictions on.

The legal status of unincorporated associations.

Fiduciaries and Restitution

The Fiduciary Relationship. The Duties of a Fiduciary.

Breach of Trust and Remedies. The rôle of the courts.

Constructive Trusts. Strangers to the Trust and Unconscionability.

Tracing Common Law and Equitable.

Teaching and learning methods:

The course is delivered by a two hour lecture once a week and seminar group of around 15 students, every two weeks. There is a considerable amount of directed reading and the seminars concentrate on problem solving and discussion.

Reading Strategy:

There are a wide variety of books available at all levels of difficulty. In the end it is up to you to decide which book suits you best. If you can afford two books, a good combination is one introductory book that tries to explain the most important points and another detailed text (perhaps a casebook) that goes into more detail. The latter can be useful for when you have to write assignments.

Indicative Reading List:

Textbooks

Buy one of the following three textbooks.

Clements and Abass, Complete Equity and Trusts. Oxford. Contains extracts of the main cases with a commentary and specimen questions and answers.

0R

Todd and Wilson, Textbook on Trusts. A good, student-friendly book, but it does not cover some areas of the syllabus.

OR

Hudson, Equity and Trusts. A good and detailed book. Difficult concepts are clearly explained.

Casebooks

If you can afford it a casebook can be very useful.

Maudsley and Burn, Trusts and Trustees: Cases and Materials. A well organised book with well-chosen extracts from the main cases.

OR

Todd and Watts, Cases and Materials on Equity and Trusts. OUP. A good book with briefer extracts than M & B above.

Equity and Trusts is a case heavy subject, so Library databases such as Westlaw and LEXIS should prove very useful.

Basic information such as lecture outlines and Powerpoint presentations will be put up on UWE Online. Government reports and articles will also be added.

Assessment

Weighting between components A and B (standard modules only) A: 75 B: 25

ATTEMPT 1

First Assessment Opportunity

Component A

Examination

Component B

Essay or Problem Answer - the better mark of element 1 or 2 shall count

Description of each element

1 Essay or Problem answer

2 Essay or Problem answer

Second Assessment Opportunity (further attendance at taught classes is not required)

Component A

Examination

Component B Essay or problem answer

Essay or problem answer

SECOND (OR SUBSEQUENT) ATTEMPT: Attendance at taught classes is not required.

Specification confirmed by …………………………………………………Date ……………………………

(Associate Dean/Programme Director)