Undergraduate Module Descriptor

LAW3041D: Trusts

This module descriptor refers to the 2021/2 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.

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 Skills1. Demonstrate broad knowledge and understanding of Trusts law, using a range of appropriate concepts, interpretative techniques and terminology;
2. Possess in-depth knowledge and critical 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 detailed awareness and critical 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 Skills5. Demonstrate detailed and comprehensive 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, accurately and concisely, in a manner appropriate to the discipline and in task-specific ways;
Personal and Key Skills8. Take responsibility for own learning (with some support), and to work effectively with others within a group, meeting obligations to the other members of the group
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, discretions andpowers of appointment;
  • Constructive and resulting trusts
  • Charities and non-charitable purpose trusts; unincorporated associations
  • Trustees’ duties and powers
  • 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 ActivitiesGuided independent studyPlacement / study abroad
582420

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

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activities2222 x 1 hour Lectures
Scheduled Learning and Teaching Activities13.59 x 1.5 hour syndicate workshops
Scheduled Learning and Teaching activities13.59 x 1.5 hour seminars
Scheduled Learning & Teaching activities99 x 1 hour Q&A sessions
Guided independent study22Individual reading and lecture preparation
Guided Independent Study72Syndicate workshop preparation
Guided Independent study72Seminar preparation
Guided Independent study76Assessment 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 assessmentSize of the assessment (eg length / duration)ILOs assessedFeedback method
Essay*2,000 words1-10Individual 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.

CourseworkWritten examsPractical exams
40600

...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
Examination602 hours1-7, 9-10Individual written feedback, with supplementary oral feedback available
Essay (the higher mark of two essays*)402,000 words1-10Individual 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 assessmentForm of re-assessmentILOs re-assessedTimescale for re-assessment
ExaminationExamination (2 hours)1-7, 9-10August/September reassessment period
Essay**One essay (2,000 words)1-10August/September reassessment period

Re-assessment notes

** 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.