LW361 BRIGHTON BUSINESS SCHOOL
MOULSECOOMB MODULAR SCHEME
TITLE: Equity and Trusts
CREDIT SUBJECT AREA: 20 Law RATING:
MODULE TYPE: SEMESTER OFFERED: Double 1 through 2 Course(s) for which module is acceptable and status in course:
LLB(Hons) Law with Business - COMPULSORY
BA(Hons) Law with Accountancy – COMPULSORY (until 2010)
BA(Hons) Law with Business – COMPULSORY (until 2010) PRE-REQUISITES:
LW162- Legal Institutions & Method
? To consider the history and nature of equitable ownership and provide an
understanding of equitable principles and remedies. ? To provide knowledge of the requirements for the formation of a private trust. ? To study the current relevance and importance of the main types of private
trust and purpose trusts.
? To examine the office of trustee and appreciate the duties and powers of the
trustee and the consequences of a breach of trust. LEARNING OUTCOMES:
On completion of this module a student should be able to:
? Identify the principal uses of the trust today and the nature of equitable
ownership and remedies.
? Demonstrate knowledge of the formation of a valid private trust ? Distinguish between the various types of private trust and understand the
relationship of trusts and land law in the area of the apportionment of
beneficial interests in family property.
? Compare charitable and non-charitable purpose trusts. ? Demonstrate an understanding of the office of trustee and the duties and
powers attaching to that office and the consequences of a breach of trust.
? Apply knowledge to complex situations.
? Locate, extract and analyse information from multiple sources, including the
acknowledgement and referencing of sources. To select key issues, formulate
them with clarity and write fluently, using legal terminology correctly.
? Demonstrate a capacity for critical evaluation of argument and evidence with
the ability to recognise potential alternative conclusions for particular
situations, and provide supporting reasons for them. ? Engage in academic debate in a professional manner and use a range of
formats mainly written to present specialist material. ? Make personal and reasoned judgments based on an informed understanding
of standard arguments in certain areas of law. ? Act independently in planning and managing tasks, identify necessary
resources, and reflect critically on their own learning. ? Communicate effectively, both orally and in writing, in a form appropriate to the
? Use standard paper and electronic resources to produce up to date
information and to conduct efficient searches of websites in order to locate
? Historical outline of equity; the nature of equitable ownership, remedies and
? Classification of trusts.
? Principal uses of a trust.
The Express Trust:
? The formation of an express private trust. ? The three certainties; statutory formalities. ? Capacity.
? Completely and incompletely constituted trusts. ? Exceptions to the maxim that 'Equity will not perfect an imperfect gift'.
? Automatic and presumed resulting trusts. ? Surplus funds.
? Presumption of advancement.
? Equitable remedy or substantive institution. ? Constructive trusts arising from trustee or fiduciary making an unauthorised
profit; mutual wills; specifically enforceable contracts. ? Liability of strangers who assist in a breach of trust or receive property in
breach of trust.
Ownership of the Family Home:
? Acquisition of a beneficial share in the family home.
? Quantification of the beneficial interest.
? Fully secret trusts; half secret trusts.
? Justifying the enforcement of secret trusts.
Charitable and Non-Charitable Purpose Trusts:
? Unenforceable trusts.
? Charitable trusts: privileges enjoyed; defining charitable trusts; the
requirement of public benefit; the cy-pres doctrine.
? The office of trustee; duties and powers of a trustee; consequences of a
breach of trust and remedies.
TEACHING & LEARNING STRATEGIES:
The module will consist of lectures supported by seminars. The lectures will
introduce the students to key legal principles and issues. Students will normally be
given descriptive and/or problem-solving questions to prepare for seminars and will be expected to thoroughly research and read round the topic of the seminar, and to
prepare detailed answers to the questions. In the seminars, the students may be
asked to present their answers individually, or in small groups, or in the form of a debate or moot.
Lectures: 20 Open learning: 0
Seminars: 20 Self study: 120
Workshops: 0 Assessment: 40
Total: 200 LEARNING SUPPORT:
Law reports, statutes & statutory instruments.
The latest editions of:
Hanbury, H.G., Modern Equity, Thomson
Haley, M. & McMurty, L., Equity & Trusts, Thomson Hudson, A., Equity & Trusts, Cavendish
Pearce, R.A. & Stevens, J., The Law of Trusts & Equitable Obligations, Oxford Ramjohn, M., Unlocking Trusts, Hodder Arnold
Todd, P. & Wilson, S., Trusts, Oxford Watt, G., Trusts & Equity, Oxford
Hayton, D.J. & Marshall, O.R., Cases & Commentary on the Law of Trusts, Thomson
Ramjohn, M., Sourcebook on Trusts Law, Cavendish
Todd, P. & Watt, G., Cases & Materials on Equity & Trusts, Oxford
Periodicals and Journals
Cambridge Law Journal
Law Quarterly Review
Law Society Gazette
Modern Law Review
New Law Journal
Oxford Journal of Legal Studies
Halsbury’s Laws of England On-Line
Coursework (30%): an individual piece of written work (2,000 - 2,500 words)
Examination (70%): a three hour unseen examination
BRIEF DESCRIPTION OF THE MODULE:
This double module gives an in-depth understanding of the law of trusts and
equitable principles which will enable students to claim exemption for this subject
before proceeding to professional examinations (subject to other general requirements).
Area External Examination Law S.Murdoch Examiner: Board:
Brighton Site where Faculty: Business School; Moulsecoomb delivered: MIS.
Module J.Riches Writer(s):
Date of First Date of Last 2002 May 2007
Version Number 4