Equity and Trusts introduces students to foundational principles governing the law of trusts. The module encompasses the historical development of equity, equitable principles and equitable remedies, and considers the social and legal contexts in which trusts arise.
Students are encouraged to fully engage with the subject matter through an analysis of key concepts, cases and contemporary judicial/academic debate.
Tutorials and assessments have been specifically designed to enhance analytical, reflective, critical reasoning, research and communication skills.
Syllabus
- Trusts, equity and equitable maxims
- Capacity and the beneficiary principle
- Certainties
- Formalities
- Constitution
- Variation of trusts
- Trustees' powers and duties
- Fiduciary duties
- Liability for breach of trust
- Strangers to the trust (dishonest assistance and knowing receipt)
- Tracing