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School of Law, Politics and Sociology

Equity and Trusts 1 (M5077)

Equity and Trusts 1

Module M5077

Module details for 2024/25.

15 credits

FHEQ Level 6

Module Outline

This module introduces students to the historical relationship between Equity and areas of common law as well as Equity’s continuing relevance. The focus is on the use of trusts as a mechanism for holding property, including the formation and constitution of express trusts. The module also considers the powers and duties of trustees in relation to trust property. Students are encouraged to reflect on the role of legal principles and judicial discretion in the evolution of equitable doctrines and how these interact with underlying notions of fairness.

Full Module Description

This module introduces students to the historical relationship between Equity and areas of common law as well as Equity’s continuing relevance. The focus is on the use of trusts as a mechanism for holding property, including the formation and constitution of express trusts. The module also considers the powers and duties of trustees in relation to trust property. Students are encouraged to reflect on the role of legal principles and judicial discretion in the evolution of equitable doctrines and how these interact with underlying notions of fairness.

Module learning outcomes

Identify and comprehend the constituent components of a valid and enforceable express trust.

Demonstrate critical understanding of the nature of trustee/fiduciary duties and be able to identify appropriate claims and remedies that a beneficiary may have where trust property has been misappropriated in breach of trust.

Employ relevant legal principles in the interpretation and solving of factual and hypothetical problem scenarios.

Locate and utilise appropriate primary and secondary sources in the critical analysis/evaluation of the law

TypeTimingWeighting
Multiple Choice questionsAutumn Semester Week 10 Mon 16:0025.00%
Essay (1500 words)Semester 1 Assessment Week 1 Mon 16:0075.00%
Timing

Submission deadlines may vary for different types of assignment/groups of students.

Weighting

Coursework components (if listed) total 100% of the overall coursework weighting value.

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