Trusts

Module title	Trusts
Module code	LAW3041D
Academic year	2024/5
Credits	30
Module staff	Dr James Kolaczkowski (Lecturer)

Duration: Term	1	2	3
Duration: Weeks	12	11

Number students taking module (anticipated)	350

Module description

This module will develop your understanding of the general principles of the law of Trusts, both in their own right and within the wider context of property law, and will do so by concentrating on selected topics which are studied in depth.

Module aims - intentions of the module

The aims of the module are:

to achieve a critical understanding of the general principles of the law of Trusts, both in their own right and within the wider context of property law, and to do so by concentrating on selected topics which are studied in depth.
to achieve flexibility in the study of Trusts law, and selectivity within the considerable amount of material, so that problems in Trusts law can be correctly identified and addressed succinctly and accurately with full legal authority.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

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

1. Demonstrate broad knowledge and understanding of Trusts law, using a range of appropriate concepts, interpretative techniques and terminology;
2. Possess in-depth knowledge and critical understanding of the law relating to certain areas of Trusts which have been selected for study in view of their particular difficulty or importance;
3. Demonstrate detailed awareness and critical understanding of areas of growth, controversy and reform in the law of Trusts ;
4. Understand the importance of non-legal/contextual materials (such as Charity Commission guidance);

ILO: Discipline-specific skills

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

5. Demonstrate detailed and comprehensive knowledge and understanding of a range of legal concepts and principles and make an informed and effective judgement about the merits and relevance of particular information or arguments;
6. Demonstrate the acquisition of legal research and analytical skills and apply the law to factual scenarios;
7. Communicate technical legal information and argument effectively, accurately and concisely, in a manner appropriate to the discipline and in task-specific ways;

ILO: Personal and key skills

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

8. Take responsibility for own learning (with some support), and to work effectively with others within a group, meeting obligations to the other members of the group
9. Identify, retrieve and use efficiently a range of resources with little guidance
10. Manage time independently and efficiently in preparing for learning activities, and to work independently, within a limited time frame, to complete a specified task

Syllabus plan

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

Introduction to trusts and equity;
Creation of private trusts; classification of trusts and distinction of trusts from other legal concepts;
Requirements of certainty in relation to trusts,
Charities and non-charitable purpose trusts; unincorporated associations
Trustees’ duties and powers
Constructive and resulting trusts;
Breach of trust and remedies

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

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
58	242	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching Activities	30	20 x 1.5 hour lectures

Scheduled Learning and Teaching activities	20	10 x 2 hour seminars
Scheduled Learning and Teaching activities	8	8 x 1 hour Q&A sessions
Guided independent study	149	Individual reading, research and study
Guided Independent Study	62	Summative assessment preparation
Guided Independent study	31	Formative assessment preparation

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	1,000 words	1-10	Individual written feedback (, with supplementary oral feedback upon request)

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
50	50	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Examination (take-home, open book)	50	2 hours intended duration (within a 24-hour submission window)	1-7, 9-10	Individual written feedback (, with supplementary oral feedback upon request)
Essay	50	1500 word	1-10	Individual written feedback (, with supplementary oral feedback upon request)
	0
	0
	0
	0

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

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Examination (take-home, open book)	Examination (2 hours)Examination (take-home, open book; same as above)	1-7, 9-10	August/September reassessment period
Essay (1500 words)	Essay (1500 words)	1-10	August/September reassessment period

Indicative learning resources - Basic reading

There is no single set text, but you are advised to ensure you have access to the latest edition of one of the following text books:

Virgo, G, The Principles of Equity and Trusts (currently 4th ed. 2020) Oxford University Press

Martin, J., Hanbury and Martin: Modern Equity (currently 22nd ed. 2021) Sweet & Maxwell

Moffat, G., Trusts Law, Text and Materials (currently 7th ed. 2020) Cambridge University Press

Key words search

Trusts; powers; express trusts; resulting trusts; constructive trusts; discretionary trusts; secret trusts; charities; non-charitable purpose trusts; unincorporated associations; fiduciary duties; powers of investment; breach of trust; remedies.

Credit value	30
Module ECTS	15
Module pre-requisites	LAW1004 The Law of Contract
Module co-requisites	None
NQF level (module)	6
Available as distance learning?	No
Origin date	22/06/2016
Last revision date	21/07/2022