LAW-30056 - Module Specification
School of Law
Faculty of Humanities and Social Sciences

Programme/Approved Electives for 2021/22

Available as a Free Standing Elective

Co-requisites

None

Prerequisites

LAW-30055 Equity 1

Barred Combinations

None

Description for 2021/22

Building on the foundations of Equity 1, Equity 2 continues to focus upon the development, role and significance of Equity and equitable principles in domestic and commercial contexts. Here, students focus on traditional equitable remedies (including injunctions and specific performance), but also on the law of trusts (including trustees¿ duties, breach of duty, the process of tracing misappropriated assets and personal and proprietary claims). The module promotes a sound understanding of general equitable principles and refines, through research and problem
solving, the ability to deal with the technicalities of the substantive law of equity and trusts and equitable remedies

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