Trusts
| Module title | Trusts |
|---|---|
| Module code | LAW3041B |
| Academic year | 2022/3 |
| Credits | 30 |
| Module staff | Dr Timon Hughes-Davies () |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 30 |
|---|
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.
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 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. define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them;
- 5. 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...
- 6. demonstrate engaged, effective and accurate communication skills in a manner appropriate to the discipline / different contexts;
- 7. identify, retrieve and use efficiently a range of resources with minimum guidance;
- 8. 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 |
|---|---|---|
| Scheduled Learning and Teaching Activity | 55 | 22 x 2.5 hour seminars |
| Guided Independent Study | 151 | Individual reading and seminar preparation |
| Guided Independent Study | 94 | Assessment preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay | 1,000 words | 1-8 | Individual written feedback (with oral feedback upon request) |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 40 | 60 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 40 | 1,500 words | 1-8 | Individual written feedback (with oral feedback upon request) |
| Examination (take-home, open book) | 60 | 2 hours intended duration (within a 24-hour submission window) | 1-8 | Individual written feedback (with oral feedback upon request) |
| 0 | ||||
| 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 |
|---|---|---|---|
| Essay | Essay (1,500 words) | 1-8 | August/September re-assessment period |
| Examination (take-home, open book) | Examination (take-home, open book; same as above) | 1-8 | August/September re-assessment period |
Re-assessment notes
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 textbooks:
Virgo, G, The Principles of Equity and Trusts (currently 4th ed. 2020) Oxford University Press
Moffat, G., Trusts Law, Text and Materials (currently 7th ed. 2020) Cambridge University Press
Martin, J., Hanbury and Martin: Modern Equity (currently 22nd ed. 2021) Sweet & Maxwell
Indicative learning resources - Web based and electronic resources
ELE – http://vle.exeter.ac.uk/
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 01/10/2001 |
| Last revision date | 21/07/2022 |
