Trusts

Module title	Trusts
Module code	LAW3041H
Academic year	2020/1
Credits	30
Module staff	Dr Timon Hughes-Davies (Convenor)

Duration: Term	1	2	3
Duration: Weeks	12	11

Number students taking module (anticipated)	5

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. Also, it is one of the foundations of legal knowledge required for those ultimately wishing to practice as a barrister or solicitor in England and Wales.

Module aims - intentions of the module

This module is only available to students studying for the JD on the HKUST-Exeter Programmes in Law. 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 and comprehensive knowledge of the law of trusts and a substantial range of major concepts, values and principles relevant to its application
2. demonstrate ability to identify, explain and critically evaluate key issues in the law of trusts and to apply relevant rules and theories

ILO: Discipline-specific skills

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

3. demonstrate detailed and comprehensive knowledge of legal concepts and their contextual, social, and political implications
4. demonstrate ability to apply legal knowledge to a problem or case study and to suggest a conclusion supported by relevant arguments

ILO: Personal and key skills

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

5. demonstrate ability to manage relevant learning resources, information, and learning strategies, and to develop own arguments and opinions with minimum guidance
6. demonstrate ability to work independently and to manage time efficiently in preparing for scheduled learning activities, exercises and assessment

Syllabus plan

It is envisaged that the syllabus will include the following topics in the following order although precise content and order may vary.

Part 1: Private Trusts: Introduction; historical contextualisation; Distinction of trusts from other legal concepts; Creation of trusts; Formalities; Discretionary trusts.

Part 2: Trusts Administration: Introduction to Trusteeship; Remuneration of trustees; Duty to maintain equality between beneficiaries; Investment; Powers of maintenance and advancement.

Part 3: Other Trust Matters: Implied and Resulting trusts; Constructive trusts; Breach of Trust; Personal Remedies and Tracing;

Part 4: 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
33	267	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching Activity	9	9 x 1 hour tutorials
Scheduled Learning and Teaching Activities	24	24 x 1 hour lectures
Guided Independent study	177	Reading and preparing for tutorials
Guided Independent study	90	Researching and writing essays

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Tutorial questions	9 x 1 hour	1-6	Feedback in tutorial from tutor

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
Best four out of maximum nine essays (one per tutorial, each with equal weight)	100	800 words per essay	1-6	Feedback in tutorial from tutor

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
Best four out of maximum nine essays	One essay: 3200 words	1-6	August/September referred/deferred period

Indicative learning resources - Basic reading

Basic reading:

There are no texts specified as essential but the latest editions of the following are all recommended for students to choose from;

Text Books

Hudson, Equity and Trusts (Routledge)

Virgo, The Principles of Equity and Trusts (Oxford)

Moffat, Trusts Law, Text and Materials (Cambridge)

Oakley, Parker and Mellows: The Modern Law of Trusts (Sweet and Maxwell)

Pettit, Equity and the Law of Trusts (Oxford)

Panesar, Exploring Equity and Trusts (Pearson)

Martin, Hanbury and Martin: Modern Equity (Sweet & Maxwell)

Shorter Texts

Watt, Trusts and Equity (Oxford)

Penner, The Law of Trusts (Oxford)

Edwards and Stockwell, Trusts and Equity (Pearson)

Cases and Materials Books

Watt, Todd and Watt's Cases & Materials on Equity and Trust (Oxford)

Burn, Maudsley & Burn's Trusts & Trustees Cases & Materials (Oxford)

Statute Books

Thomas, Blackstone’s Statutes on Property Law (Oxford)

Hewitson, Property Law Statutes (Routledge)

Indicative learning resources - Web based and electronic resources

ELE – http://vle.exeter.ac.uk/

Key words search

HKUST, JD, Private Trusts, Trusts Administration: Introduction to Trusteeship; Remuneration of trustees; Duty to maintain equality between beneficiaries; Investment; Powers of maintenance and advancement.

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	10/01/2019