Undergraduate Module Descriptors 2012/13
LW301: Equity and Trusts
| Module Title |
Equity and Trusts |
| Module Code |
LW301 |
| Module Tutor |
Peter Halstead |
| School |
Accounting and Law |
| CAT Points |
30 |
| Level of Study |
6 |
| Pre-requisites |
Before taking this module you must pass LW160 or pass LW190 |
| Co-requisites |
None |
| Restrictions |
None |
| Brief Description |
This module will cover the law of equity and trusts, in particular the creation and operation of trusts, equitable obligations and purpose trusts. |
| Indicative Syllabus |
Introduction to equity and trusts, gifts and trusts, the requirements of a valid express trust, presumptions of resulting trust and advancement, powers and duties of trustees, breach of fiduciary obligation (including restitution and tracing), constructive trusts and proprietary estoppel, charitable and non-charitable purpose trusts, legacies to unincorporated associations. |
| Learning Outcomes |
i. Knowledge and Understanding
By the end of the module, students should be able to:
a) Demonstrate a comprehensive and accurate knowledge and understanding of the law of equity and trusts.
b) Demonstrate a sound knowledge and critical understanding of social policy considerations e.g. in relation to constructive trusts and commercial trends e.g. in relation to the concept of fiduciary duty in commercial contexts.
ii. Skills
By the end of the module students should have developed skills in:
a) Application and problem solving
Able to apply the legal principles studied to a range of problems of significant legal complexity in relation to equity and trusts, and where appropriate generate alternative solutions to the problem.
b) Sources and research
Able to define issues for research, identify sources and establish a strategy for research
c) Analysis, evaluation, critical judgement and synthesis
Able to analyse problems of significant legal complexity to identify the legal principles to be applied in order to generate solutions.
Able to evaluate the merits of alternative solutions to the same problem
Able to form a critical judgment on areas of difficulty or uncertainty in the area of equity and trusts e.g. personal equitable actions against “strangers” to the trust.
d) Autonomy and ability to learn
Able to demonstrate a capacity for self directed study
e) Communication and literacy.
Able to write complex prose accurately and fluently, using legal terminology correctly.
Able to speak clearly and fluently when communicating complex ideas
f) Other key skills
IT — able to use electronic sources for research and to present an accurately word processed text
Team working — able to work in a group as a participant who contributes effectively to the group’s task
Numeracy — able to calculate proportions of beneficiaries entitlements under trusts; able to apply the rules of equitable tracing where money is mixed in active bank accounts.
|
| Learning and Teaching Activities |
Staff/student contact: 25%
Student independent study: 75% |
| Assessment (For further details see the Module Guide) |
001: 50% Coursework: Standard: 3000 words or equivalent
002: 50% Written Exam: End of year, unseen, closed book: 3.00 hours
|
| Special Assessment Requirements |
None |
| Indicative Resources |
The Library Catalogue contains full details of the current reading list for this module. Further details may also be found in the Module Guide. |
