Undergraduate Module Descriptor

LAW3041B: Trusts

This module descriptor refers to the 2019/0 academic year.

Module Content

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 and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
552450

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activity5522 x 2.5 hour seminars
Guided Independent Study88Seminar preparation
Guided Independent Study32Formative assessment preparation
Guided Independent Study62Summative assessment preparation
Guided Independent Study63Individual reading 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 assessmentSize of the assessment (eg length / duration)ILOs assessedFeedback method
Seminars22 x 2.5 hours1-11Immediate feedback from tutors and peers
Formative Professional Opinion*48 hour turn-around, 2500 words1-8, 10Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE. *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

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.

CourseworkWritten examsPractical exams
10000

...and this table provides further details on the summative assessments for this module.

Form of assessment% of creditSize of the assessment (eg length / duration)ILOs assessedFeedback method
Professional Opinion (the higher mark of two opinions*) 50 48 hour turnaround, 2500 words1-10Individual 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 Opinion50One week turnaround, 2500 words1-10Individual written feedback, with supplementary oral feedback available
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 assessmentForm of re-assessmentILOs re-assessedTimescale for re-assessment
Professional Opinion (50%)Professional Opinion (48 hour turnaround, 2,500 words)1-10August / September re-assessment period
Professional Opinion (50%)**Professional Opinion (one week turnaround, 2,500 words)1-10August/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, he or she may submit a third opinion (and will be capped at 40%). If a student defers in respect of one or both opinions, he or she may submit one deferred opinion and the mark awarded for it will be taken.