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2020/21 Undergraduate Module Catalogue

LAW3241 The Law of Trusts

20 creditsClass Size: 400

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

Taught: Semester 1 (Sep to Jan), Semester 2 (Jan to Jun) View Timetable

Year running 2020/21

Pre-requisites

LAW2270Land Law

Co-requisites

LAW3270Land Law

This module is not approved as a discovery module

Objectives

The objectives of this module are:
- to develop a knowledge of the Law of Trusts in England and Wales;
- 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;
- to promote an ability to marshal facts and analyse legal concepts;
- to develop problem-solving skills by the application of general principles to factual situations;
- to encourage an independent, self-reliant approach to study;
- 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:
- recognise, identify, state and critically analyse legal concepts, values, principles and rules of the law of Trusts, engaging with both statute and case law in so doing;
- apply appropriate terminology and legal reasoning to produce a coherent and sophisticated legal account of highly complex issues relating to the Law of Trusts;
- interpret legal and policy documentation to provide insight at an advanced level into the operation of the law of Trusts and its relationship to economic, social, commercial and political contexts with particular reference to charities and commercial fraud;
- explain the limits doctrinal legal knowledge in relation to the Law of Trusts;
- critically analyse legal issues arising within this area of law, and creatively evaluate options and viewpoints to reach alternative solutions and justifiable conclusions;
- use written skills to structure and communicate information, ideas, analysis, argument and commentary, using English language and legal terminology with great care and accuracy.


Syllabus

Introduction to the Law of Trusts.
Transfers of Property.
Transfer Formalities: Equity and Trusts.
The Three Certainties: Certainty of Intention, Certainty of Subject Matter and Introduction to Certainty of Objects.
The Three Certainties: Certainty of Objects.
The Beneficiary Principle and Unincorporated Associations.
Fiduciary Duties and Breach of Trust.
Trustees' Investment Powers and Duties of Car.
Dishonest Assistance and Unconscionable Receipt.
Tracing.

Teaching methods

Due to COVID-19, teaching and assessment activities are being kept under review - see module enrolment pages for information

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

Due to COVID-19, teaching and assessment activities are being kept under review - see module enrolment pages for information


Coursework
Assessment typeNotes% of formal assessment
Written WorkOpen Book Assessment100.00
Total percentage (Assessment Coursework)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: 10/08/2020 09:50:04

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