Module LAW3041B for 2018/9
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3041B: Trusts
This module descriptor refers to the 2018/9 academic year.
Module Aims
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.
| On successfully completing the programme you will be able to: | |
|---|---|
| Module-Specific Skills | 1. Understand the general principles of the law of Trusts as expressed through case law and legislative enactments; 2. Possess a detailed knowledge of the law relating to certain areas of Trusts which have been selected for study in view of their particular difficulty or importance; 3. Develop awareness of and understanding of the areas of growth and reform in the law of Trusts; 4. Develop understanding of the importance of non-legal/contextual materials (such as Charity Commission guidance). |
| Discipline-Specific Skills | 5. Demonstrate detailed / comprehensive knowledge and understanding of a range of complex and technical legal concepts and principles; 6. Identify and apply the relevant law from legal sources and to locate and discuss the relevance of specified non-legal sources; 7. Acquire legal research and analytical skills |
| Personal and Key Skills | 8. Demonstrate engaged, effective and accurate written communication skills in a manner appropriate to the discipline / different contexts 9. Demonstrate engaged, effective and accurate oral communication skills in a manner appropriate to the discipline / different contexts 10. Identify, retrieve and use efficiently a range of library-based and electronic resources with minimum guidance; 11. Demonstrate ability to interact effectively and proactively within a team / learning group and to share information and ideas, and to manage conflict 12. Demonstrate the ability to work independently, within a limited time frame, to complete a specified task. |
Module Content
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 and Teaching
This table provides an overview of how your hours of study for this module are allocated:
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 58 | 242 | 0 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activity | 22 | 22 x 1 hour Lectures |
| Scheduled Learning and Teaching Activities | 13.5 | 9 x 1.5 hour seminars |
| Scheduled Learning and Teaching activities | 13.5 | 9 x 1.5 hour syndicate workshops |
| Scheduled Learning & Teaching activities | 9 | 9 x 1 hour Q & A sessions |
| Guided Independent study | 43 | Syndicate preparation |
| Guided Independent study | 43 | Seminar preparation |
| Guided Independent study | 31 | Formative assessment preparation |
| Guided Independent study | 62 | Summative assessment preparation |
| Guided independent study | 18 | 9 x 2 hour peer-led syndicate meetings & activities |
| Guided Independent Study | 45 | Individual reading and lecture preparation |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
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.
Other Learning Resources
Comprehensive bound module materials written by the lecturers as described above.
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Seminars | 9 x 2 hours | 1-12 | Immediate feedback from tutors and peers |
| Formative essay | 48 hour turn-around, 2500 words | 1-8, 10-12 | Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE. |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
...and this table provides further details on the summative assessments for this module.
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 100 | 48 hour turnaround, 5000 words | 1-8, 10-12 | Individual written feedback, with supplementary oral feedback available |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (48 hour turnaround, 5,000 words) | 1-8, 10-12 | August / September re-assessment period |
Indicative Reading List
This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.
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
