Trusts
Module title | Trusts |
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Module code | LAW3041B |
Academic year | 2020/1 |
Credits | 30 |
Module staff | Mrs Tia Matt (Convenor) |
Duration: Term | 1 | 2 | 3 |
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Duration: Weeks | 12 | 11 |
Number students taking module (anticipated) | 30 |
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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 to do so by concentrating on selected topics which are studied in depth.
This module is one of the seven foundations of legal knowledge required by the JASB of the Law Society and Bar Council and it is therefore compulsory for all of you who wish to progress onto the Vocational Stage of Training to become a Solicitor or Barrister.
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 detailed/comprehensive knowledge of the law relating to the law of Trusts and a substantial range of major concepts, values and principles relevant to its application;
- 2. compare, analyse and synthesise the principal rules and theories relating to the law of Trusts;
- 3. select and assess appropriate techniques of evaluation and evaluate selected aspects of the law of Trusts critically;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. Demonstrate detailed / comprehensive knowledge and understanding of a range of complex and technical legal concepts and principles;
- 5. define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them ;
- 6. select, integrate and present coherently and reflectively, relevant law and legal/theoretical arguments;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 7. demonstrate engaged, effective and accurate communication skills in a manner appropriate to the discipline / different contexts
- 8. identify, retrieve and use efficiently a range of resources with minimum guidance;
- 9. demonstrate ability to interact effectively and proactively within a team / learning group and to share information and ideas, and to manage conflict
- 10. demonstrate the ability 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:
- Private Trusts: Introduction; historical contextualisation; Distinction of trusts from other legal concepts; Creation of trusts; Formalities; Discretionary trusts.
- Trusts Administration: Introduction to Trusteeship; Remuneration of trustees; Duty to maintain equality between beneficiaries; Investment; Powers of maintenance and advancement.
- Other Trust Matters: Implied and Resulting trusts; Constructive trusts; Breach of Trust; Personal Remedies and Tracing;
- Charities: Different forms of charity; Charities Act 2006 and the work of the Charity Commission and Charity Tribunal; Charitable nature; Disqualifying factors; Public benefit; Regulation of charities; Cy Pres doctrine.
Learning activities and teaching methods (given in hours of study time)
Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
---|---|---|
55 | 245 | 0 |
Details of learning activities and teaching methods
Category | Hours of study time | Description |
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Scheduled Learning and Teaching Activity | 55 | 22 x 2.5 hour seminars |
Guided Independent Study | 88 | Seminar preparation |
Guided Independent Study | 32 | Formative assessment preparation |
Guided Independent Study | 62 | Summative assessment preparation |
Guided Independent Study | 63 | Individual reading preparation |
Formative assessment
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Formative Professional Opinion* | 48-hour turn-around, 2,500 words | 1-8, 10 | Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given to whole cohort. *See summative assessment: students have two opportunities to submit an opinion. They may use the first opportunity as formative and submit a second opinion. |
Summative assessment (% of credit)
Coursework | Written exams | Practical exams |
---|---|---|
100 | 0 | 0 |
Details of summative assessment
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Professional Opinion (the higher mark of two opinions*) | 50 | 48-hour turn-around, 2,500 words | 1-8, 10 | Individual written feedback, with supplementary oral feedback available *The student will have two opportunities to write a professional opinion for summative assessment (one in the first term and one in the second). A student may choose only to complete one (in which case the mark awarded will be the mark for this 50% part of the assessment) or to complete two (in which case the higher of the two marks will be taken). |
Professional Opinion | 50 | One-week turn-around, 2,500 words | 1-8, 10 | Individual written feedback, with supplementary oral feedback available. |
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 |
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Professional Opinion (50%) | Professional Opinion (48-hour turn-around, 2,500 words) | 1-8, 10 | August / September re-assessment period |
Professional Opinion (50%)** | Professional Opinion (one-week turn-around, 2,500 words) | 1-8, 10 | August/September re-assessment period |
Re-assessment notes
** If a student achieves less than 40% in one opinion but 40% or more in the other, the higher mark will be taken. If a student achieves less than 40% in both opinions, and is permitted to refer, they may submit a third opinion (and will be capped at 40%). If a student defers in respect of one or both opinions, they may submit one deferred opinion and the mark awarded for it will be taken.
Indicative learning resources - Basic reading
There are no texts specified as essential but the following are all recommended for students to choose from;
Text Books
Hudson, A., Equity and Trusts, 7th ed. 2013, Routledge-Cavendish
Virgo, Graham, The Principles of Equity and Trusts, 2012, Oxford University Press
Moffat, G., Trusts Law, Text and Materials, 5th ed. 2009, Cambridge University Press
Oakley, A. J., Parker and Mellows: The Modern Law of Trusts, 9th ed. 2008, Sweet and Maxwell
Pettit, P., Equity and the Law of Trusts, 11th ed. 2009, Oxford University Press
Panesar, S., Exploring Equity and Trusts, 2010, Pearson
Martin, J., Hanbury and Martin: Modern Equity, 18th ed. 2009, Sweet & Maxwell
Shorter Texts
Watt, G. Trusts and Equity , 3rd ed. 2008, Oxford University Press
Penner, J. E. The Law of Trusts , 5th ed. 2006, Oxford University Press
Hudson, A. Understanding Equity and Trusts, 3rd ed. 2008, Routledge-Cavendish
Edwards, R. and Stockwell, N. Trusts and Equity, 9th ed. 2009, Pearson Education.
Cases and Materials Book
Watt, G. Todd and Watt's Cases & Materials on Equity and Trusts, 7th ed. 2009, Oxford University Press
Burn, E. H. Maudsley & Burn's Trusts & Trustees Cases & Materials, 7th ed. 2008 Oxford University Press
Statute Book
A number of satisfactory books are on the market but two good ones are;
Thomas, M. Blackstone’s Statutes on Property Law 2009-10, 17th ed, Oxford University Press
Hewitson, R. Property Law Statutes 2010-11, Routledge
Indicative learning resources - Web based and electronic resources
ELE – http://vle.exeter.ac.uk/
All handouts and related materials will be put up throughout the year by the module co-ordinator on an ELE Trusts site. This site will also be used at the discretion of the individual lecturers for distribution of slides, and tests.
Indicative learning resources - Other resources
Comprehensive bound module materials written by the lecturers as described above.
Credit value | 30 |
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Module ECTS | 15 |
NQF level (module) | 6 |
Available as distance learning? | No |
Origin date | 01/10/2001 |
Last revision date | 10/08/20 |