Equity and Trusts (GDL)
Overview
- Credit value: 15 credits at Level 6
- Convenor: Dr Bernard Keenan
- Assessment: online test questions (10%), a 2000-word essay (40%) and an applied problem questions workbook (50%)
Module description
In this module you will learn about the basic form of the trust. Beginning with the historical origins of the trust, we will study its creation and transformation into a legal vehicle essential to the law of property, commercial and social life. One of our key concerns will be the role that conscience plays in equity in general, and as an underlying feature of the trust. We will appreciate that the trust is central to the management of wealth. We will also be concerned with breach of trust, grounds of equitable liability and the tracing of assets in a breach of trust.
Indicative syllabus
- Introduction to key concepts in equity and trusts
- Certainty
- Formalities
- Purpose trusts
- Resulting trusts
- Constructive trusts
- Fiduciary duties
- Breach of trust and remedies
- Remedies
- Trusts and contemporary capitalism
Learning objectives
By the end of this module, you will be able to:
- understand the concept of the trust
- apply the law of trusts in scenarios where they are created expressly or imposed by courts
- analyse the origin and development of the trust via the distinction between common law and equity
- critically reflect on the trust’s role in contemporary private law and commercial practice.