LA307-30 Law of Trusts

Introductory description

This module studies and evaluates the application of the trust in a variety of areas.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

The legal concept of trust, with a general analysis of the rights and powers of the three parties to a trust: trust founders, trustees and beneficiaries.
The principal development of the trust form in performing certain functions - notably the organisation of property-holding within wealthy families and the dedication of property to charitable and commercial purposes - and the extent to which the law and practice of trusts have responded to social and economic change.
The influence of the trust concept on the development of legal rules for imposing standards of honesty and good faith on solicitors, company directors, agents and others occupying positions of "trust", as well as on the most common type of trustee.
The evolving use of equitable remedies, including the significance of the trust as a remedial device within the context of commercial practice.
The relevance of the doctrine of unconscionability to the creation and operation of trusts.

Learning outcomes

By the end of the module, students should be able to:

• Understand the nature of trusts and equitable concepts and their distinctiveness from other legal concepts
• Locate and use primary and secondary sources of English and Commonwealth trusts law
• Compare common law approaches to those of civil law, especially restitution Identify the social spheres withinwhich trusts operate
• Understand the relationship between legal, social political and economic influences upon the nature and functions of trusts in different contexts (e.g. tax and insolvency)
• Apply, with independent thought, subject knowledge and contextual skills both to unfamiliar legal problems and social contexts
• Analyse by anatomising factual situations and critically evaluating the issues identified by means of (a) independent judgement; (b) synthesis of other approaches derived from relevant literature and/or expertise
• Convey the results of their analysis clearly, accurately and succinctly both orally and in writing, and demonstrate ability to use oral communication as a mode of argument
• Demonstrate an ability to work independently, to undertake an original piece of research and to organise time appropriately; to handle information sources with confidence
• Work collaboratively to allocate responsibility within a group andcomplete a defined task within a limited time
• To present a word-processed essay or comparable work completed to an appropriate standard; to use the internet to access information; use learning packages (e.g. IOLIS) for self-study

Indicative reading list

Core texts:
Garton, Moffat's Trusts Law: Text and Materials (2015, Cambridge University Press)
Watt Trusts and Equity (2016, Oxford University Press)
Selected wider reading:
G Watt, Equity Stirring: The Story of Justice Beyond Law (Hart, 2009)
J Garton, The Regulation of Organised Civil Society (Hart, 2009)
S Gardner, An Introduction to the Law of Trusts (3nd edn, OUP, 2011)
J Martin, Hanbury and Martin: Modern Equity (19th edn, Sweet and Maxwell, 2012)
M Chesterman, Charities, Trusts and Social Welfare
(Weidenfeld and Nicolson, 1979)
S Scott-Hunt and H Lim, Feminist Perspectives on Equity and
Trusts (Cavendish, 2001)
S Todd, Todd and Wilson: Textbook on Trusts (10th edn, OUP, 2011)
C Mitchell, Hayton & Mitchell: Commentary and Cases on the
Law of Trusts and Equitable Obligations (13th edn, Sweet and
Maxwell, 2010)

View reading list on Talis Aspire

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.