Newcastle University

Aims

To develop knowledge and understanding of the funademental principles of Equity and the law of trusts
To understand the dynamic role of Equity in the historical and modern legal system

Original Summary:
This module looks at the role and operation of Equity in the English 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, charitable trusts, secret trusts, pension trusts, constructive and resulting trust, trust duties and remedies and the social context of the trust.

Outline Of Syllabus

Introduction to equity and the nature of the trust
Creation and the constitution of the trust
Secret Trusts
Charitable and non-charitable Purpose Trusts
Pension Trusts
Constructive and Resulting Trusts, focusing on Accessory Liability
Trustee Duties and Powers
Remedies for Breach of Trust
Social context of Equity

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.

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.