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2010/1 Module Catalogue
 Module Code: LAW2018 Module Title: PROPERTY LAW 2
Module Provider: School of Law Short Name: LAW207
Level: HE2 Module Co-ordinator: PASCALL C Mrs (Schl of Law)
Number of credits: 30 Number of ECTS credits: 15
 
Module Availability
Yearly
Assessment Pattern
Unit(s) of Assessment
Weighting Towards Module Mark (%)
Examination
80%
Coursework
20%
Qualifying Condition(s) 
Overall mark of 40%
Module Overview
The objective of the course is to examine the contribution made by Equity to civil law in counter-point to the common law. Trusts will be developed as Equity’s main creation to ameliorate the rigours of the common law approach to property title. Wider issues of the concept of fairness will be covered and comparisons will be made with the way in which European law and other jurisdictions approach the duty of "fair dealing" as part of private law. The course will explore the role of equitable rights and remedies as a "gloss" upon the common law. The ethical values, philosophical principles, historical development and practical implications relating to this relationship will be considered.
Prerequisites/Co-requisites
None
Module Aims
The aim of this module is to provide students with a full understanding of the nature of trusts, the equitable rules regarding charities and wills, the responsibilities of trustees and their control of trust property. Emphasis will be placed on principles and ethical values underpinning this area of law and their policy implications. Equitable principles will be viewed comparatively with similar provisions in other countries.
Learning Outcomes
On successful completion of this module the students will be able to:
  • Have an over-view of the historical, ethical, philosophical and political influences on the development and present role of the law of equity
  • Understand alternative provisions for equitable concepts in other jurisdictions
  • Comprehend the nature of trusts, their types and administration
  • Explain the legal position of trustees, their powers and obligations
  • Appreciate the relationship between equity and the law of wills
  • Define charities and their relationship with trust principles
  • Understand the cy-près doctrine
  • Comprehend the actions which may confer trust responsibilities on third parties
  • Explain equitable remedies and doctrines
  • Appreciate the significance of European law to trust and other equitable concepts.
Module Content
The following areas of the law of equity and trusts be covered:
  • The nature of a trust
  • The requirements of a trust
  • Formalities
  • Perpetuity and inalienability
  • The beneficiary principle
  • Completely and incompletely constituted trusts; "Equity will not assist a volunteer"
  • Resulting trusts
  • Constructive trusts
  • Mutual wills
  • Secret trusts
  • Protective and discretionary trusts
  • Charitable trusts: the definition of a charity; the advantage of charitable over non-charitable trusts; trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; trusts for other purposes beneficial to the community; the public benefit requirement; exclusively charitable objects; the cy-près doctrine
  • The standards applicable to trustees
  • Trustees’ powers to delegate; trustees’ duties; trustees’ powers of investment
  • Control of trustees’ discretions
  • The liability of a stranger to the trust; the doctrine of "intermeddling"
  • Restitution and the doctrine of tracing
  • Other equitable remedies
Methods of Teaching/Learning
The method of teaching is by lectures and tutorials. The lectures will introduce the students to the subject areas and provide an overview to enable students to understand the basic principles and underlying concepts. The tutorials will open out the subject and consider key principles of the law of equity and trusts in comparison with other jurisdictions and in the light of European law. The students will be provided with signposts to background and supplementary reading. During tutorials students will be expected to have researched topic area and to apply that research to discuss given legal problems. Programmes of guided reading will be provided and students will be required to demonstrate, during tutorials, that this has been undertaken. Students will be expected to analyse and present logical arguments founded on legal authorities. Their ability to challenge the propositions of others and to respond to challenges to their own will be monitored and developed. In tutorials emphasis will be placed on the consideration of scenarios mirroring real life as illustrated by existing case law. Special importance will be assigned to the student’s ability to analyse legal issues and present realistic conclusions in language comprehensible to lay clients.

The teaching and learning strategy is designed to stimulate private study using derivative and original sources, both paper based and electronic and to develop an understanding and critical awareness of the essential principles and underlying philosophies and ethical values of the law of equity and trusts.
Selected Texts/Journals
Expected purchase:
A. Hudson, Principles of Equity & Trusts, (London: Cavendish 2nd ed., 1999)
E. Burn, Maudsley and Burn’s Trusts and Trustees – Cases and Materials, ( London : Butterworths 6th ed., 2001)
 
Background Reading:
M. Ramjohn, Sourcebook on Trusts Law, (London: Cavendish,1998)
J. Penner, The Law of Trusts (Butterworth Tolley, 2000)
G. Moffat, Trusts Law – Text and Materials (Butterworth Tolley, 1999)
Tristram and Coote’s Probate Practice, 1995 (+ 1999 supplement) (Butterworth Tolley)
R. Oughton, Tyler’s Family Provision (Butterworths, 1997)
D. Hayton, Underhill and Hayton: The Law Relating to Trusts and Trustees (Butterworths, 2000)
Whitehouse and Hassall, Trusts of Land and Appointment of Trustees (Butterworths, 2000)
Williams on Wills (Butterworths, 1996)
C. Margrave Jones, Mellows: The Law of Succession, (Butterworths5th ed. 1993)
R. Pearce and J. Stevens, The Law of Trusts and Equitable Obligations (Butterworths, 2nd ed. 1998)
P. Pettit, Equity and the Law of Trusts, (Butterworths 8th ed.)
J. Riddall, The Law of Trusts, (Butterworths 5th ed.)
A. Borkowski, Deathbed Gifts (Blackstone, 1999)
P. Todd, Textbook on Trusts, (Blackstone 4th ed. 1998)
M. Bridge, Personal Property Law, (Blackstone 2nd ed. 1996)
P. Todd, Cases & Materials on Equity & Trusts, (Blackstone 3rd ed. 1999)
A. Borkowski, Textbook on Succession (Blackstone, 1997)
Hanbury & Martin: Modern Equity (Sweet & Maxwell, 16th ed. 2001)
A. Shipwright and R. Davern, The Law of Trusts (Sweet & Maxwell, 1st ed. 2000)
D. Hayton, Hayton & Marshall’s Commentary and Cases on the Law of Trusts and Equitable Remedies (Sweet & Maxwell, 11th ed. 2001); alternative purchase to Maudsley & Burn, above
D. Hayton, The Law of Trusts (Sweet & Maxwell, 3rd ed. 1998)
A. Oakley, Parker & Mellows: The Modern Law of Trusts (Sweet & Maxwell, 7th ed. 1998)
S. Worthington , Personal Property Law (Hart Publishing, 1st ed. 2000)
Last Updated
18.07.07