Module LAW2041 for 2021/2
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW2041: Equity and Trusts
This module descriptor refers to the 2021/2 academic year.
Module Aims
The aims of the module are for you:
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. Demonstrate broad knowledge and understanding of the Trusts law, using a range of appropriate concepts, interpretative techniques and terminology; 2. Possess a broad knowledge and understanding of the law relating to certain areas of Trusts which have been selected for study in view of their particular difficulty or importance; 3. Demonstrate awareness and understanding of areas of growth, controversy and reform in the law of Trusts ; 4. Understand the importance of non-legal/contextual materials (such as Charity Commission guidance); |
| Discipline-Specific Skills | 5. Demonstrate knowledge and understanding of a range of legal concepts and principles and make an informed and effective judgement about the merits and relevance of particular information or arguments; 6. Demonstrate the acquisition of legal research and analytical skills and apply the law to factual scenarios; 7. Communicate technical legal information and argument effectively and concisely, in a manner appropriate to the discipline and in task-specific ways; |
| Personal and Key Skills | 8. Take responsibility for own learning (with some support); and to work effectively with, and meet obligations to, others 9. Identify, retrieve and use efficiently a range of resources with little guidance 10. Manage time independently and efficiently in preparing for learning activities, and to work independently, within a limited time frame, to complete a specified task |
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:
- Introduction to trusts and equity; creation of private trusts; classification of trusts and distinction of trusts from other legal concepts;
- Requirements of certainty in relation to trusts; powers of appointment;
- Charities and non-charitable purpose trusts; unincorporated associations
- Trustees’ duties and powers
- Constructive and resulting trusts
- Breach of trust and remedies
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 activity | 13.5 | 9 x 1.5 hour syndicate workshops |
| Scheduled Learning and Teaching activity | 13.5 | 9 x 1.5 hour seminars |
| Scheduled Learning and Teaching activity | 9 | 9 x 1 hour Q&A sessions |
| Guided Independent Study | 22 | Individual reading and lecture preparation |
| Guided independent study | 72 | Syndicate workshop preparation |
| Guided independent study | 72 | Seminar preparation |
| Guided independent study | 76 | Assessment preparation |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
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 |
|---|---|---|---|
| Essay* | 2,000 words | 1-10 | Individual written feedback, with supplementary oral feedback available. |
| *See summative assessment: students have two opportunities to submit an essay. They may use the first opportunity as formative and submit a second essay. |
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 |
|---|---|---|
| 40 | 60 | 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 |
|---|---|---|---|---|
| Examination | 60 | 2 hours | 1-7, 9-10 | Individual written feedback, with supplementary oral feedback available |
| Essay (the higher mark of two essays*) | 40 | 2,000 words | 1-10 | Individual written feedback, with supplementary oral feedback available |
| *The student will have two opportunities to write an essay 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 40% part of the assessment) or to complete two (in which case the higher of the two marks will be taken). |
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 |
|---|---|---|---|
| Examination | Examination (2 hours) | 1-7, 9-10 | August reassessment period |
| Essay** | One essay (2,000 words) | 1-10 | August reassessment period |
| ** If a student achieves less than 40% in one essay but 40% or more in the other, the higher mark will be taken. If a student achieves less than 40% in both essays, and is permitted to refer, they may submit a third essay (and will be capped at 40%). If a student defers in respect of one or both essays, they may submit one deferred essay and the mark awarded for it will be taken. |
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 is no set text as such, but you are advised to ensure you have access to one of the following text books:
Virgo, G, The Principles of Equity and Trusts (currently 2nd ed. 2016) Oxford University Press
Moffat, G., Trusts Law, Text and Materials (currently 5th ed. 2015) Cambridge University Press
Martin, J., Hanbury and Martin: Modern Equity (currently 20th ed. 2015) Sweet & Maxwell
Statute Book
e.g. Thomas, M. Blackstone’s Statutes on Property Law, Oxford University Press – latest edition
