LL6060 - Law of Equity and Trusts II (2022/23)
| Module specification | Module approved to run in 2022/23 | ||||||||||
| Module title | Law of Equity and Trusts II | ||||||||||
| Module level | Honours (06) | ||||||||||
| Credit rating for module | 15 | ||||||||||
| School | Guildhall School of Business and Law | ||||||||||
| Total study hours | 150 | ||||||||||
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| Assessment components |
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| Running in 2022/23(Please note that module timeslots are subject to change) |
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Module summary
The Law of Equity and Trusts II is a core module for the LL.B. courses, which introduces students to further key principles of the law relating to equity, trusts and the administration of estates and building upon the knowledge gained from the Law of Equity and Trusts I module. It is one of the foundation subjects of English Law, as identified by the professional legal bodies, the Solicitors Regulation Authority and the Bar Standards Board.
It introduces and builds up a critical understanding of the legal concepts regarding the various obligations and entitlements in the context of the law of trusts.
Trusts, including settlements, charities and pension funds, play a vital part in the economic life of the country and are increasingly recognised as indispensable modes of wealth protection or asset mobilisation throughout the world.
The aims of the module are as follows:
1. Demonstrate a knowledge and understanding of the issues indicated in the syllabus.
2. Students will develop several key transferable skills, including independent research, critical analysis and cogent academic writing in the context of the law of trusts, emphasising the use of primary and secondary sources.
3. Students will enhance their employability by the development both of these skills, and by the practice of written communication activities (including summative) and oral communication activities (formative only).
Prior learning requirements
Students must have taken LL5060: The Law of Equity and Trusts I.
Syllabus
1. The Family Home
Co-ownership of Land
Creation at common law and /or in equity (including resulting and constructive trusts)
2. The Fiduciary Nature of Trusteeship
Concept and scope of the fiduciary relationship
Fiduciary duties generally
Liability of fiduciaries for unauthorised profits
Constructive trusts and liability to account
Investment duties and powers
3. Charitable trusts
Nature and requirements for a charitable trust
Charitable purposes
Public benefit
Cy-pres
4. Security and Restitution
Proprietary remedies; tracing at law and in equity.
Intermeddling: trustees de son tort
5. Breach of trust
Extent of trustee liability and establishing liability
Measure of liability
Exemptions/exclusions from liability
Learning Outcomes LO1 - 3
Balance of independent study and scheduled teaching activity
Learning and Teaching Strategy
Weekly two-hour lecture and one-hour seminar.
The lecture will be used for:
• Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
• An introduction to relevant academic literature;
• Guidance on learning strategies;
• Use of WebLearn and IT resources;
• Whole group questions and discussion.
The seminar will be used for the development of skills necessary to attain the module learning outcomes through:
• Written and oral questions/answers designed to reinforce fundamental rules, principles and cases;
• A range of step-by-step analytical exercises;
• Problem solving;
• IT tasks, such as research of cases and statutes;
• Legal writing.
Blended Learning
All learning materials, previous examination questions and sample Q/A’s will be on WebLearn for use in directed private study.
Student engagement will be encouraged in both lectures and seminars through weekly use of WebLearn for access to all of the above materials.
There will be required use of the professional legal databases, especially Westlaw and Lexis Library, for legal research.
Opportunities for reflective learning/pdp
Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto WebLearn.
Students’ Study Responsibilities
The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.
Learning outcomes
On successful completion of this module, the students will be able to:
1. Apply the principles of the law of equity and trusts to give advice in realistic case-studies scenarios.
2. Demonstrate the ability critically to discuss case study problems relating to the topics covered in the syllabus.
3. Demonstrate the ability to write critical, discursive essays relating to the topics covered in the syllabus.
Assessment strategy
Written examination (2 hours)
This will assess the ability cogently to discuss and critically analyse legal case studies and/or contemporary legal issues within the context of equity and trusts, in a time-constrained examination