Equity and Trusts

RATIONALE
This module examines the laws relating to equitable interests in property in both domestic and commercial situations. Through an examination of the main types of trust property and equitable remedies permitted in England and Wales, the module takes account of the wider contexts and philosophical arguments around the use of trusts, especially with regard to the relationship between law and social problems.  

At the end of the module, students should have developed an extensive knowledge and understanding of equitable concepts, including such topics as the background to Equity and Trusts and the maxims that guide judgements, the type of equitable interests that exist, the formality requirements for formation of trusts, express trusts and methods of disposing with property on death (including wills and secret trusts), resulting trusts, constructive trusts, and other forms of fiduciary obligations, and the outcomes and available remedies for breach. This knowledge and understanding will allow students to examine the social, institutional, national and where relevant global contexts of equity and trusts judgements and how trusts law developed over time. The module aims to ensure students understand how principles of justice and ethics interplay with common and statutory Property Law, and foster awareness of the practical application of the trust, and why it might be used (in comparison with other forms of agreement such as contracts, or other methods of disposing of property).

AIMS
Through the completion of this module students will:
●    Understand the main theories and elements of trusts and equitable interests, including their creation and disposal and remedies for breach.
●    Be able to demonstrate the use of a range of legal methods and research skills in order to apply the law to problems in relation to trusts and equitable interests.
●    Use analytical skills to discuss the moral, social, economic and policy perspectives surrounding the development and use of trusts and equitable jurisprudence.
●    Evaluate the different approaches taken by judges in the case law, and interpret the concepts in light of research in the area and leading theorists.

LEARNING OUTCOMES
On successful completion of this module, a student will be able to:
1.    Examine the principles of equity and trusts in England and Wales.
2.    Use analytical skills to discuss the moral, social, economic and policy perspectives surrounding the development and use of trusts and equitable jurisprudence. 
3.    Examine the law of equity and trusts in a range of legal contexts in property relations, showing evidence of legal research. 
4.    Evaluate the different approaches taken by judges in the case law, and interpret the concepts in light of research in the area and leading theorists.