Module LAW3041C for 2021/2
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3041C: Trusts
This module descriptor refers to the 2021/2 academic year.
Module Aims
The module’s aims are:
- to give you an understanding of the origin and development of the traditional concepts of equity, trusts and restitution, as well as an appreciation of how these essential tools are utilised in various ways in modern-day commercial contexts;
- to teach you the varied terminology, theoretical foundations, core principles and key rules of equity and trusts;
- to provide you with the opportunity to interrogate and evaluate the essential role of trusts in a number of modern-day commercial, non-commercial and private client contexts;
- to provide you with the opportunity to evaluate the efficacy and issues inherent in different trust instruments and models of ownership;
- to equip you with an understanding of the essential role of equitable remedies, proprietary claims and restitution, and their underlying principles and concepts;
- to give you an opportunity to critique and potentially manipulate their use in practice;
- to develop your understanding of the dynamic nature of law, building on study throughout your course of study (and especially in relation to law of contract and law of property);
- to develop your skills of commercial awareness, legal research and the written and oral communication of legal analysis.
| On successfully completing the programme you will be able to: | |
|---|---|
| Module-Specific Skills | 1. Demonstrate detailed knowledge of the different types of legal obligation arising under the law relating to equity trusts and restitution; 2. Explain and critically apply the main principles and rules governing equity, trusts and restitution; 3. Critique and evaluate developments in the laws relating to equity, trusts and restitution. |
| Discipline-Specific Skills | 4. Demonstrate in-depth knowledge and understanding of a range of legal concepts and principles; 5. Structure and develop effective legal research, analysis and argumentation; 6. Critically apply the law to factual scenarios; 7. Communicate technical legal information and argument effectively and concisely. |
| Personal and Key Skills | 8. Take responsibility for independent learning; 9. Identify retrieve and use a range of library-based and electronic resources with little guidance; 10. Manage time independently and efficiently in preparing for learning activities and assessments. |
Module Content
Syllabus Plan
Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:
- Introduction to equity, trusts and the concept of beneficial ownership
- Classification of trusts and distinction of trusts from other legal concepts
- Creation of trust instruments
- Requirements of certainty in relation to trust instruments
- Trustee duties and powers
- Breach of trust
- Investment trusts
- Private wealth management
- Employee benefit trusts
- Charitable trusts
- Constructive and resulting trusts
- Equitable remedies
- Unjust enrichment and unjust factors
- Restitution for wrongs
- Proprietary and restitutionary claims
- Remedies and defences in restitution
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 |
|---|---|---|
| 54 | 246 | 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 | 18 x 30-minute podcast |
| Scheduled learning and teaching activity | 18 | 18 x 1-hour lectures |
| Scheduled learning and teaching activity | 27 | 18 x 1.5-hour seminars |
| Guided independent study | 85 | Individual reading and lecture preparation |
| Guided independent study | 95 | Seminar preparation |
| Guided independent study | 16 | Formative assessment preparation |
| Guided independent study | 50 | Summative assessment preparation |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
The Law Society (News updates on Trusts): www.lawsociety.org.uk/topics/private-client/trusts
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 |
|---|---|---|---|
| Outline of essay | 750 words | 1, 2, 4-10 | Individual written feedback, with supplementary oral feedback available |
| Outline of written legal advice | 750 words | 1-10 | Individual written feedback, with supplementary oral feedback available |
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 | 60 | 3,500 words | 1, 2, 4-10 | Individual written feedback, with supplementary oral feedback available |
| Written legal advice | 40 | 2,000 words | 1-10 | Individual written feedback, with supplementary oral feedback available |
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 (3,500 words) | 1, 2, 4-10 | August/September reassessment period |
| Written legal advice | Written legal advice (2,000 words) | 1-10 | August/September reassessment 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.
Graham Virgo, The Principles of Equity and Trusts (4th edn, OUP 2020)
Jonathan Garton, Rebecca Probert & Gerry Bean, Moffat's Trusts Law: Text and Materials (7th edn, CUP 2020)
James Glister and James Lee, Hanbury and Martin: Modern Equity (21st edn, Sweet & Maxwell 2018)
Andrew Burrows, The Law of Restitution (3rd edn, OUP 2011).
Paul S Davies & James Penner (eds), Equity,Trusts and Commerce (Hart Studies in Private Law). (Hart Publishing 2017)
Peter Devonshire & Rohan Havelock (eds), The Impact of Equity and Restitution in Commerce (Hart Studies in Private Law) (Hart Publishing 2019)
