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2018/19 Undergraduate Module Catalogue

LAW3240 Equity and Trusts

20 creditsClass Size: 360

Module manager: Prof Duncan Sheehan
Email: d.k.sheehan@leeds.ac.uk

Taught: Semesters 1 & 2 (Sep to Jun) View Timetable

Year running 2018/19

Pre-requisites

LAW2270Land Law

Co-requisites

LAW3270Land Law

This module is not approved as a discovery module

Objectives

1. To develop a knowledge of the law of Equity and Trusts in England and Wales.

2. To tackle the complex terminology of the subject and investigate the principles lying behind the more detailed provisions and rules, as derived from both statute and case law.

3. To promote an ability to marshal facts and analyse legal concepts.

4. To develop problem-solving skills by the application of general principles to factual situations.

5. To encourage an independent, self-reliant approach to study.

6. To provide a course of study which not only satisfies professional requirements, but also constitutes a firm academic foundation for all students, whether or not they wish to pursue the law as a profession.

Learning outcomes
By the end of this module students will be able to:

1. Competently recognise, identify, state and critically analyse legal concepts, values, principles and rules of the law of Equity and Trusts, engaging with both statute and case law in so doing.

2. Apply appropriate terminology and legal reasoning to produce a coherent and sophisticated legal account of highly complex issues relating to Equity and Trusts.

3. Interpret legal and policy documentation to provide insight at an advanced level into the operation of the law of Equity and Trusts and its relationship to economic, social, commercial and political contexts with particular reference to charities and commercial fraud.

4. Appreciate the limits and value of existing legal knowledge developed through doctrinal scholarship in relation to Equity and Trusts.

5. Strategically analyse legal issues arising within this area of law, and creatively evaluate options and viewpoints to reach alternative solutions and justifiable conclusions.

6. Use oral and written skills to structure and communicate information, ideas, analysis, argument and commentary, using English language and legal terminology with great care and accuracy.


Syllabus

1. Introduction to Equity and Trusts.
2. Transfers of Property.
3. Transfer Formalities: Equity and Trusts.
4. The Three Certainties: Certainty of Intention, Certainty of Subject Matter and Introduction to Certainty of Objects.
5. The Three Certainties: Certainty of Objects.
6. The Beneficiary Principle and Unincorporated Associations.
7. Charities.
8. Cy-pres.
9. Dishonest Assistance and Unconscionable Receipt.
10. Tracing.

Teaching methods

Delivery typeNumberLength hoursStudent hours
Lecture211.0021.00
Seminar91.5013.50
Private study hours165.50
Total Contact hours34.50
Total hours (100hr per 10 credits)200.00

Private study

75.5 hours - preparation for seminars/reading for lectures
90 hours - preparation work for examination

Opportunities for Formative Feedback

Progression is monitored through their attendance and performance in seminars.

Methods of assessment


Exams
Exam typeExam duration% of formal assessment
Standard exam (closed essays, MCQs etc)3 hr 00 mins100.00
Total percentage (Assessment Exams)100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 21/03/2019

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