2022/23 Undergraduate Module Catalogue
LAW3241 The Law of Trusts
20 creditsClass Size: 416
Module manager: Professor Duncan Sheehan
Taught: Semester 1 (Sep to Jan), Semester 2 (Jan to Jun) View Timetable
Year running 2022/23
This module is not approved as a discovery module
ObjectivesThe 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.
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.
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.
|Delivery type||Number||Length hours||Student hours|
|Private study hours||176.50|
|Total Contact hours||23.50|
|Total hours (100hr per 10 credits)||200.00|
Private studyThe online learning element is broken down into 15 minute tasks, there will be 20 x 15 minute tasks overall.
Opportunities for Formative FeedbackProgression is monitored through their attendance and performance in seminars.
Methods of assessment
|Exam type||Exam duration||% of formal assessment|
|Open Book exam||48 hr||100.00|
|Total percentage (Assessment Exams)||100.00|
Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated
Reading listThe reading list is available from the Library website
Last updated: 05/07/2022
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