LAW-30108 - Module Specification
School of Law
Faculty of Humanities and Social Sciences

Programme/Approved Electives for 2022/23

Available as a Free Standing Elective

Co-requisites

None

Prerequisites

LAW-10039 (Legal Essentials)

Barred Combinations

None

Description for 2022/23

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), alongside the beneficiary principle and rules precluding non-charitable purpose trusts. 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
: 1
Explain the significance and relevance of the trust and discuss its utility by reference to family and commercial contexts
: 1
Identify and apply relevant statutory provisions to 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 (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

School Rules

None

Description of Module Assessment