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Trusts

Module description

This module introduces students to the law of equity and trusts, including its development, practice and role in shaping various trust instruments and restitutionary claims. It explores and critically appraise how these concepts are applied in modern commercial contexts and changing social conditions. It will also focus on providing students with an understanding of how to use trust instruments and models of ownership effectively, as well as their importance and function in modern-day practice.

The module meets the subject requirements for the Law Society and Bar Standards Board foundations of legal knowledge subject, Equity and Trusts.

Module aims - intentions of the module

The module’s aims are:

• to give you an understanding of the origin and development of the traditional concepts of equity, trusts and restitution, as well as an appreciation of how these essential tools are utilised in various ways in modern-day commercial contexts;
• to teach you the varied terminology, theoretical foundations, core principles and key rules of equity and trusts;
• to provide you with the opportunity to interrogate and evaluate the essential role of trusts in a number of modern-day commercial, non-commercial and private client contexts;
• to provide you with the opportunity to evaluate the efficacy and issues inherent in different trust instruments and models of ownership;
• to equip you with an understanding of the essential role of equitable remedies, proprietary claims and restitution, and their underlying principles and concepts;
• to give you an opportunity to critique and potentially manipulate their use in practice;
• to develop your understanding of the dynamic nature of law, building on study throughout your course of study (and especially in relation to law of contract and law of property);
• to develop your skills of commercial awareness, legal research and the written and oral communication of legal analysis.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. Demonstrate detailed knowledge of the different types of legal obligation arising under the law relating to equity trusts and restitution;
• 2. Explain and critically apply the main principles and rules governing equity, trusts and restitution;
• 3. Critique and evaluate developments in the laws relating to equity, trusts and restitution.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 4. Demonstrate in-depth knowledge and understanding of a range of legal concepts and principles;
• 5. Structure and develop effective legal research, analysis and argumentation;
• 6. Critically apply the law to factual scenarios;
• 7. Communicate technical legal information and argument effectively and concisely.

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 8. Take responsibility for independent learning;
• 9. Identify retrieve and use a range of library-based and electronic resources with little guidance;
• 10. Manage time independently and efficiently in preparing for learning activities and assessments.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

• Introduction to equity, trusts and the concept of beneficial ownership
• Classification of trusts and distinction of trusts from other legal concepts
• Creation of trust instruments
• Requirements of certainty in relation to trust instruments
• Trustee duties and powers
• Breach of trust
• Investment trusts
• Private wealth management
• Employee benefit trusts
• Charitable trusts
• Constructive and resulting trusts
• Equitable remedies
• Unjust enrichment and unjust factors
• Restitution for wrongs
• Proprietary and restitutionary claims
• Remedies and defences in restitution

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

Graham Virgo, The Principles of Equity and Trusts (4^th edn, OUP 2020)

Jonathan Garton, Rebecca Probert & Gerry Bean, Moffat's Trusts Law: Text and Materials (7^th edn, CUP 2020)

James Glister and James Lee, Hanbury and Martin: Modern Equity (21^st edn, Sweet & Maxwell 2018)

Andrew Burrows, The Law of Restitution (3^rd edn, OUP 2011).

Paul S Davies & James Penner (eds), Equity,Trusts and Commerce (Hart Studies in Private Law). (Hart Publishing 2017)

Peter Devonshire & Rohan Havelock (eds), The Impact of Equity and Restitution in Commerce (Hart Studies in Private Law) (Hart Publishing 2019)

Indicative learning resources - Web based and electronic resources

The Law Society (News updates on Trusts): www.lawsociety.org.uk/topics/private-client/trusts

Key words search

Trusts; creation of trusts; powers; express trusts; resulting trusts; constructive trusts; fiduciary duties; powers of investment; breach of trust; commercial trusts; charitable trusts; unjust enrichment; restitution; equitable remedies; proprietary claims.