Undergraduate Module Descriptor

LAW3041H: Trusts

This module descriptor refers to the 2018/9 academic year.

Module Aims

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)
This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills	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
Discipline-Specific Skills	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
Personal and Key Skills	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

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
33	267	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	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

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

ELE – http://vle.exeter.ac.uk/

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.

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)