LAW-20098 - Module Specification
School of Law
Faculty of Humanities and Social Sciences

Programme/Approved Electives for 2023/24

Available as a Free Standing Elective

Co-requisites

None

Prerequisites

None

Barred Combinations

None

Description for 2023/24

The Law of Trusts develops knowledge acquired in Introduction to Property Law (LAW-10037) at Level 4 and complements The Law of Real Property (LAW-20068) which is studied alongside this module. Focusing on one of the key foundations of legal knowledge, this module will ensure that you have the skills and confidence to engage in case law 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 if you wish to pursue a career in legal practice.

The Law of Trusts will build on knowledge acquired in Introduction to Property (LAW-10037) to strengthening students' grasp of core principles in a related foundation subject. Studied alongside the Law of Real Property (LAW-20068) students on this core module will acquire competence and confidence interpreting and applying case law, addressing matters of property law in family and commercial contexts.
Students will be introduced to the rules governing the creation of express private trusts, analysing issues of certainty and constitution. Comparisons will be drawn with implied trusts such as Quistclose trusts in a commercial context. Charitable (i.e. public trusts) will be considered in depth, alongside the beneficiary principle. Finally, students will consider the main 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
Evaluate issues in judicial decision-making by reference to authority and the views of academic commentators
: 1

Study hours

Preliminary reading and lecture preparation: 10 hours;
Lectures: 20 hours;
Completing tutorial preparation and self-study worksheets: 40 hours;
Tutorials: 6 hours;
Assessment preparation and further reading: 74 hours

School Rules

None

Description of Module Assessment