LA0550 - Trusts [CPE FT, CPE DL]

SYNOPSIS OF MODULE

This module introduces students to the substantive law of equity and trusts. It begins with an historical overview of the development of equity. This is followed by study of the creation of trusts (both express and implied). The next topic is Charitable trusts, an area which lends itself well to critical analysis. Next is non-charitable purpose trusts where students study the situations in which these trusts can be valid. Students then study the powers and duties of trustees, breach of trust and the remedies for this including tracing. A critical approach is fostered throughout.
The module is delivered by a combination of large group sessions, small group sessions and independent learning. Where appropriate, the module makes use of real and realistic scenarios and activities to add practical context to the students’ learning.

The module is assessed by a 3 hour unseen closed book exam which accounts for 100% of the overall module mark.

INDICATIVE READING LIST OR OTHER LEARNING RESOURCES

J. Martin: Hanbury and Martin, Modern Equity, Sweet and Maxwell
R. Edwards and N. Stockwell: Trusts and Equity, Oxford University Press
R. Smith, L. Murrell and D. Rook (eds): Conversion Course Companion for Law, Oxford University Press

Todd and Watt: Cases and Materials on Equity and Trusts, Oxford University Press

E-learning portal site and materials

OUTLINE SYLLABUS

• The creation of express trusts (including capacity, formalities, certainty and constitution)
• Resulting and constructive trusts
• Charitable trusts
• Non-charitable purpose trusts
• Trustees’ powers and duties
• Breach of trust
• Fiduciary relationships and fiduciary obligations
• Tracing

AIMS OF MODULE

To examine the creation and administration of express trusts,

To examine the operation of constructive and resulting trusts

To examine the operation of particular equitable remedies,

To provide an opportunity to further develop their skills in utilising paper and electronic sources to pursue independent legal research,

To enhance a student’s ability to critically evaluate the current law and proposals for change.

LEARNING OUTCOMES

Students should:

• Be able to demonstrate their knowledge and understanding of the major principles of substantive trusts law

• Be able to demonstrate an awareness of some of the practical applications of trusts principles

• Be able to analyse factual scenarios so as to identify relevant trust law principles, and to apply those principles to finding solutions to the problems raised in the scenario

• Be able to demonstrate an ability to locate and make effective use of legal source materials

PREREQUISITES

Not Applicable.

COREQUISITE(S)

DISTANCE LEARNING DELIVERY

• The students are given a workbook which contains an overview of all the relevant legal areas, plus a seminar booklet outlining the content and reading for all seminars.

• There are 6 sets of two-day face- to-face study sessions which take place at the University.
The first set
introduces the students to legal method and research skills and provides a basic introduction to the English legal system;
provides one lecture introducing students to the topic
The remaining sets comprise 2 lectures (i.e. large group sessions) and 2 seminars (i.e. small group sessions) on trusts law and tutors are available to see students at other times during the two-day periods.

• There is an E-learning portal module site which contains
all module materials; in particular, a complete set of power points covering the topics taught
past exam papers

• Students are encouraged to contact tutors by phone or email in the event of any queries and to submit work for formative assessment.

LEARNING and TEACHING STRATEGY

The module will be delivered through a combination of large and small group sessions and independent learning.

Large group sessions

These will be delivered to the entire module cohort and will be used in part to introduce students to the major principles of each topic. They will place these principles in context by examining them against relevant factual scenarios and raise matters of current topical interest where possible.

Small group sessions

The small group sessions will be small group seminar discussions. They will, in conjunction with the independent learning, expand on the material covered in the large group sessions with emphasis on student research.

Students will also be expected to carry out independent learning to both expand on the materials covered in the large group sessions and to prepare for the tasks in the small group sessions. Examples of independent learning will include locating and reading relevant legal source material.

IMPLICATIONS FOR CHOICE

assessment and feedback strategy

a Summative assessment and rationale for tasks

100% of marks – 3 hour closed book exam

b. Additional formative assessment – detail of process and rationale

Past exam papers will all be made available via the eLP. Students will be encouraged to submit answers to past exam papers for feedback.


c. Indication of how students will get feedback and how this will support their learning

Students submitting answers to past exam papers will receive individual feedback. Group feedback will also be given to students in the small group sessions

Course info

Credits 15

Level of Study Undergraduate

Mode of Study 1 year full-time

Department Northumbria Law School

Location City Campus, Northumbria University

City Newcastle

Start September 2021

Fee Information

Module Information

All information on this course page is accurate at the time of viewing.

Courses starting in 2021 are offered as a mix of online and face to face teaching due to the ongoing Covid-19 pandemic.

We continue to monitor government and local authority guidance in relation to Covid-19 and we are ready and able to flex accordingly to ensure the health and safety of our students and staff.

Students will be required to attend campus as far as restrictions allow. Contact time will increase as restrictions ease, or decrease, potentially to a full online offer, should restrictions increase.

Our online activity will be delivered through Blackboard Ultra, enabling collaboration, connection and engagement with materials and people.

 

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