LAW2163 : Equity
- Offered for Year: 2017/18
- Module Leader(s): Dr Derek Whayman
- Lecturer: Dr Christine Beuermann, Mr Conall Mallory, Ms Ruth Houghton, Mr Ian Jeffries Dawson
- Owning School: Newcastle Law School
- Teaching Location: Newcastle City Campus
|Semester 1 Credit Value:||10|
|Semester 2 Credit Value:||10|
To develop knowledge and understanding of the fundamental principles of Equity and the law of trusts.
To understand the dynamic role of Equity in the historical and modern legal system.
This module looks at the role and operation of Equity in the English and Welsh legal system. It considers in particular the trust, one of Equity's chief creations, as a mechanism to secure benefits or purposes for different groups of people in society. It also examines the wider social and jurisprudential context of Equity, especially in the realm of commerce. The module will cover the creation and constitution of the trust, different types of trust and selected trust duties and remedies.
Outline Of Syllabus
Introduction - Historical development and place in the law of obligations
Introduction to trusts (equitable property rights and the commercial significance of trust)
Creation of express trusts
Allocation of benefit
Management and Administration of trusts
Purpose trusts (Quistclose and charitable trusts)
Control of trusts and trustees
Remedies against strangers to the trust
The future of equity
|Scheduled Learning And Teaching Activities||Lecture||30||1:00||30:00||N/A|
|Scheduled Learning And Teaching Activities||Small group teaching||5||1:00||5:00||N/A|
|Scheduled Learning And Teaching Activities||Drop-in/surgery||1||1:00||1:00||N/A|
|Guided Independent Study||Independent study||1||164:00||164:00||N/A|
Teaching Rationale And Relationship
The use of lecturing as the principal teaching method is justified by the technical nature of the subject and the need to provide initial exposition to assist students in achieving the knowledge base. The seminars focus strongly on the skills outcomes and especially the problem solving skills and essay structure skills. The seminars provide the opportunity to demonstrate knowledge, understanding and application. The private study takes the form of directed study following on from lectures and in preparing for seminars. It also includes self directed study for the assessed coursework which will bring together the knowledge and the cognitive, research and the assessed key skills.
'Drop-in/surgery' contact time is provided in this module as part of the Law School assessment and feedback policy such that markers and/or module leaders will offer the opportunity for one-to-one oral feedback on students' written work, in addition to written feedback on coursework front sheets and generic class feedback. The time given above is merely indicative and more time may be scheduled if necessary to meet the demand for individual feedback.
The format of resits will be determined by the Board of Examiners
|Written Examination||120||2||A||67||Students will be required to answer 2 questions from a choice of 4.|
Assessment Rationale And Relationship
The use of an examination is made to provide an opportunity to demonstrate understanding and skills. In particular, the medium is particularly suitable for problem solving and, further, it allows candidates to demonstrate intended learning outcomes across a broad range of topics within the syllabus. The coursework is justified in that it enables candidates to demonstrate in particular the outcome of research, written communication of a sophisticated order and the ability to show depth of understanding together with a range of cognitive skills.