EQUITY & TRUSTS LAW
The nature of equity and the trust
o Certainty of intention and subject matter
o Certainty of objects
o The beneficiary principle
o The constitution of trusts
o The duties of trustees and breach of trust
Resulting trusts and Quistclose trusts
Trusts of homes
Dishonest assistance and unconscionable receipt
Theoretical perspectives on equity and trusts
University of Southampton
EQUITY & TRUSTS
Learning aims of this module
The aims of the module are to ensure that students understand and are able to assess critically: the principles associated with equity and with trusts law; the application of those principles to factual circumstances; the manner in which these principles affect people in their everyday lives; how those principles are to be reconciled with the principles governing the creation of express trusts, the imposition of trusts by law; how equity and trusts law adapt to changing social conditions; and how other legal models challenge the traditional understanding of equity. Learning objectives of this module
By the end of this module, a successful student will be able to explain what a trust is and how it operates in England and Wales, in particular:
the informal acquisition of an interest in property through a resulting or constructive trust; the formal requirements for the establishment of a valid express trust, both inter vivos and on death;
the enforceability of trusts which have not been properly constituted; the problems with purpose trusts and their enforceability; charitable trusts including the operation of the cy-pres doctrine; the nature of the fiduciary relationship and the protection of the beneficial interest; powers and duties of the trustees and remedies for any breach of duty; the liability of third parties in respect of trust property; and analyse and explain how trust principles are being used to solve complex commercial problems as well as to minimise liability to tax; and
evaluate the trust and, in particular, the office of trustee in a modern society. Skills
By the end of the course, a successful student should:
be familiar with both primary and secondary (including electronic) legal sources relevant to equity and trust law;
be able to analyse legal materials, in particular statutes, appellate judgements and, where appropriate, make constructive criticism;
be able to evaluate learned articles and reports;
in relation to factual problems, be able to identify the legal issues; apply the applicable legal principles to facts; evaluate the differences between the various legal authorities and journal literature; and come to a conclusion on the merits of the various parties in that problem and comment more generally on the further legal policy issues which are raised by that problem; in relation to essays, be able to assess critically the statement or subject on which the essay is set; and to analyse the legal principles, academic literature and practical problems which arise from the appropriate area of law in the light of the essay title; be able to expound upon contemporary policy issues; and
be able to communicate effectively their knowledge of equity and trusts either orally during tutorials or in writing.
Lectures will be delivered by Prof Alastair Hudson and Dr Remi Nwabueze. Prof Hudson is the course co-ordinator.
Lay-out of materials
These “Lecture Materials” cover the module for the entire year, although if appropriate further materials may be circulated to you.
These Lecture Materials provide you with a comprehensive list of your case law and statutory reading for lectures and seminars, together with...