Module LAW3041H for 2021/2
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3041H: Trusts
This module descriptor refers to the 2021/2 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.
On successfully completing the programme you will be able to: | |
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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/
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 |
---|---|---|---|
Tutorial questions | 9 x 1 hour | 1-6 | Feedback in tutorial from tutor |
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 |
---|---|---|---|---|
Best four out of maximum nine essays (one per tutorial, each with equal weight) | 100 | 800 words per essay | 1-6 | Feedback in tutorial from tutor |
0 | ||||
0 | ||||
0 | ||||
0 | ||||
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 assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
---|---|---|---|
Best four out of maximum nine essays | One essay: 3200 words | 1-6 | August/September referred/deferred 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.
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)