Law School Module Details

The information contained in this module specification was correct at the time of publication but may be subject to change, either during the session because of unforeseen circumstances, or following review of the module at the end of the session. Queries about the module should be directed to the member of staff with responsibility for the module.
Title EQUITY & TRUSTS
Code LAW211
Coordinator Dr AJ Picton
Law
J.Picton@liverpool.ac.uk
Year CATS Level Semester CATS Value
Session 2021-22 Level 5 FHEQ Whole Session 30

Aims

To stimulate the academic interest of students in a complex and evolving area of law;
To deliver the substantive elements of the subject area in accordance with the requirements laid down in the Joint Announcement of the SRA and Bar Council, governing the content of qualifying LL.B degree programmes;
To enhance general legal and transferable skills in the context of the subject area;
To allow students to carry out independent tasks and research to a high level of aptitude.


Learning Outcomes

(LO1) Demonstrate, orally and in writing, knowledge and understanding of thebasic concepts of Equity and the operation of the trust.

(LO2) Demonstrate a basic understanding of the legal context of trusts and equity  in the operation of the legal system.

(LO3) Demonstrate an awareness of the practical implications for individuals of the operation of the law of Equity & Trusts in England and Wales, e.g., with reference to the ownership of the matrimonial home.

(LO4) Demonstrate understanding of the law as it affects trustees - obligations,powers, etc.

(LO5) Appreciate the social and economic (especially fiscal) context of trusts and the underlying policy issues.

(LO6) Demonstrate an appreciation of the value of equitable remedies in society.

(LO7) Demonstrate an understanding of the subject area as a whole, as well as in discrete topics.

(LO8) Use and interpret complex legal statutory material, case law and academic writing.

(S1) Application and Problem Solving

(S2) Effective legal writing

(S3) Critical analysis

(S4) Effective group working - including research, organise and deliver a presentation on a substantive legal topic

(S5) Work and learn independently, with limited guidance

(S6) General and Transferable Skills, particularly, utilising electronic legal resources in researching topics and preparing for small group sessions.


Syllabus

 

Concept of Property, Foundation of Equity, the Trust & Remedies;
Essentials of express trusts;
Implied Trusts in Context: Family Homes;
Charitable Purpose trusts;
Trustees’ Powers and Duties;
Administration of Trusts;
Strangers liability;
Breach of Trust, Tracing.


Teaching and Learning Strategies

Learning and teaching on this module will be structured in accordance with the principles of Hybrid Active Learning with asynchronous materials and synchronous seminar sessions. Asynchronous recordings provide material previously addressed in physical lectures, suitably broken down (‘chunking’) and augmented (e.g. quizzes etc) so as to enhance student engagement. Synchronous sessions will run on a fortnightly pattern across the semesters (i.e. 12 in total) and will each have a duration of 2 hours.

• Seminars - 12 x 2 hours sessions across the terms (6 per semester)
• Recorded Asynchronous Materials (x48 hrs (24per term)

Each of the below is the topic of a 2hr seminar and x 4 hrs asynchronous content.

Asynchronous materials will cover the full syllabus, synchronous seminars indicatively as follows:

Semester one

1. First seminar: skills session.

2. Second seminar: history & remedies.

3. Third seminar: certainties

4. Fourth Seminar: constitution

5. Fifth seminar: family homes 1

6. Sixth seminar: family homes 2

Semester two

1. First seminar: non-charitable purpose trusts and unincorporated associations.

2. Second seminar: charities 1

3. Third seminar: charities 2

4. Fourth seminar: breach & fiduciary duties

5. Fifth seminar: strangers & tracing

6. Sixth seminar: Revision session (linking to take home exam)


Teaching Schedule

  Lectures Seminars Tutorials Lab Practicals Fieldwork Placement Other TOTAL
Study Hours 48

24

        72
Timetable (if known)              
Private Study 228
TOTAL HOURS 300

Assessment

EXAM Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
85% open book examination      85       
CONTINUOUS Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
15% - 3 MCQs - 5% per MCQ -Staggered through course. Testing: history & remedies; family homes & charities.      15       

Recommended Texts

Reading lists are managed at readinglists.liverpool.ac.uk. Click here to access the reading lists for this module.

Other Staff Teaching on this Module

Dr JA Sigafoos Law Jennifer.Sigafoos@liverpool.ac.uk
Dr M Shillito Law M.Shillito@liverpool.ac.uk
Miss JB Randall Library J.B.Randall@liverpool.ac.uk
Mr RN Dutia Law R.Dutia@liverpool.ac.uk
Miss A Hardacre Law A.Hardacre@liverpool.ac.uk
Miss M Clough Library Matilda.Clough@liverpool.ac.uk
Dr E Ireland Law Emily.Ireland@liverpool.ac.uk

Modules for which this module is a pre-requisite:

 

Pre-requisites before taking this module (other modules and/or general educational/academic requirements):

 

Co-requisite modules:

 

Programme(s) (including Year of Study) to which this module is available on a required basis:

 

Programme(s) (including Year of Study) to which this module is available on an optional basis:

 

Additional Programme Information