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 (LEVEL 3)
Code LAW311
Coordinator Dr AJ Picton
Law
J.Picton@liverpool.ac.uk
Year CATS Level Semester CATS Value
Session 2021-22 Level 6 FHEQ Whole Session 30

Aims

To stimulate the academic interest of students in a complex and involving 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 the basic 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 whole, as well as in discrete topics.

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

(S1) Legal knowledge.

(S2) Application & Problem Solving

(S3) Effective legal writing.

(S4) Critical analysis.

(S5) Effective group working - including research, organise and deliver a presentation on a substantive legal topic

(S6) Work and learn independently, with limited guidance.

(S7) General and Transferable Skills, particularly, oral communication, research based and use of technology in learning.


Syllabus

 

Foundations of Equity, the Trust & Remedies
Essentials of express trusts: The 3 Certainties and Constitution of Express Trusts
Implied Trusts in Context: Family Homes
Non-Charitable Purpose Trusts and Unincorporated Associations
Charitable Purpose trusts
Administration of Trusts - Trustees’ Powers and Duties
Breach of Trust, Strangers liability and Tracing


Teaching and Learning Strategies

Teaching Patterns
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.

Module Delivery

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) 60 mins X 2 totaling 48
 
120 mins X 1 totaling 24
 
         
Private Study 228
TOTAL HOURS 300

Assessment

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

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 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