Topic: Equity and Trusts

 
Topic: Equity and Trusts

Order Description

Learning outcomes to
be examined in this
assessment

At the end of a module the learner will be expected to be able to:
? Demonstrate an understanding of the principles of equity and
how they are applied to the law of trusts.
? Identify the different forms of trusts and the legal basis of their
constitution.
? Analyse the duties of trustees and the remedies for a breach
of trust.

Knowledge and Understanding: detailed knowledge of the legal
basis of equity and trusts. Cognitive/Intellectual skills: identifying
and defining complex problems; evaluation of evidence; application of
the law towards problem solving and dispute resolution, with clear
rational argument. Transferable skills: use of full range of learning
resources; produce detailed and coherent projects. Practical skills:
operate in complex situations requiring selection of appropriate
evidence; emphasis on independent student-centered activity.

Assessment criteria:
The coursework consists of a written assignment of 3,000 words
relating to the formation and operation of one type of trust and the
relevance of the principles of equity to this area of law.
Assessment criteria:
? Demonstration of understanding of the principles of trusts and the
relevance of equity
? Illustration of the structure and legal obligations of particular types of trusts
? Presentation of data and principles in an effectively structured
manner and comment on the legal implications of these.

Referencing and academic offences

You must make sure that all the sources are properly referenced.
to use
Oxford Standard for Citation of Legal Authorities (OSCOLA).

Failure to provide references may constitute plagiarism which is a
serious academic offence.

ASSESSMENT TASK

“The existing rules about the circumstances when equity will and will not perfect an apparently imperfect gift
….do not serve any clearly identifiable or rational policy objective.” Briggs J Curtis v Pulbrook [2011] EWHC
167 (Ch).
Critically discuss with reference to relevant case law.

Order Description

Learning outcomes to
be examined in this
assessment

At the end of a module the learner will be expected to be able to:
? Demonstrate an understanding of the principles of equity and
how they are applied to the law of trusts.
? Identify the different forms of trusts and the legal basis of their
constitution.
? Analyse the duties of trustees and the remedies for a breach
of trust.

Knowledge and Understanding: detailed knowledge of the legal
basis of equity and trusts. Cognitive/Intellectual skills: identifying
and defining complex problems; evaluation of evidence; application of
the law towards problem solving and dispute resolution, with clear
rational argument. Transferable skills: use of full range of learning
resources; produce detailed and coherent projects. Practical skills:
operate in complex situations requiring selection of appropriate
evidence; emphasis on independent student-centered activity.

Assessment criteria:
The coursework consists of a written assignment of 3,000 words
relating to the formation and operation of one type of trust and the
relevance of the principles of equity to this area of law.
Assessment criteria:
? Demonstration of understanding of the principles of trusts and the
relevance of equity
? Illustration of the structure and legal obligations of particular types of trusts
? Presentation of data and principles in an effectively structured
manner and comment on the legal implications of these.

Referencing and academic offences

You must make sure that all the sources are properly referenced.
to use
Oxford Standard for Citation of Legal Authorities (OSCOLA).

Failure to provide references may constitute plagiarism which is a
serious academic offence.

ASSESSMENT TASK

“The existing rules about the circumstances when equity will and will not perfect an apparently imperfect gift
….do not serve any clearly identifiable or rational policy objective.” Briggs J Curtis v Pulbrook [2011] EWHC
167 (Ch).
Critically discuss with reference to relevant case law.

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