Module Catalogue 2022/23

LAW2263 : Equity and Trusts

  • Offered for Year: 2022/23
  • Module Leader(s): Dr Derek Whayman
  • Lecturer: Dr Conall Mallory, Dr Christine Beuermann, Dr Ruth Houghton
  • Owning School: Newcastle Law School
  • Teaching Location: Newcastle City Campus
Semesters
Semester 2 Credit Value: 20
ECTS Credits: 10.0
Pre Requisites
Pre Requisite Comment

N/A

Co Requisites
Co Requisite Comment

N/A

Aims

1) To develop knowledge and understanding of the fundamental principles of the equity, with a focus on the law of express and constructive trusts, including trust and fiduciary duties.

2) To understand the use of the trust in its original social context and in the modern context, both domestic and commercial.

3) To understand how the trust operates and how it must operate within these constraints.

4) To develop critical views on the aims, approaches and doctrine equity takes.

Outline Of Syllabus

Introduction – What is equity; equity as assisting the common law

Formal and substantive requirements to constitute and administer the different types of trust (including the three certainties and the beneficiary principle and its exceptions, i.e. various purpose trusts)

The nature and purpose of fiduciary duties

Remedies against intermeddlers with trusts

The constructive trust over the family home (with a small section on resulting trusts)

Learning Outcomes

Intended Knowledge Outcomes

By the end of this module, students will be able to demonstrate:

1) a deep and critical understanding of the rules, principles and purposes of the syllabus topics (black-letter analysis); and

2) a critical appreciation of the transformation of those subjects for the modern age.

Intended Skill Outcomes

Legal skills

Legal problem solving: The ability to identify issues and apply the relevant principles and rules. The ability to match legal concepts to these principles to better apply them. The ability to distinguish material and immaterial differences. The ability to identify the information required to solve a problem, present and absent. The ability to work through from the raw information to a final answer or series of alternatives and to narrow the issues. The ability to make reasoned judgments based on the logic of the law and the plausibility of any choices.

Legal evaluation: The ability to identify issues and arguments. The ability to assess the (differing) effect of legal frameworks. The ability to evaluate the legal rules, principles and arguments against their policy or other objectives. The ability to synthesize different arguments. The ability to adopt and defend a position and to critique a counter-position.


Wider application: The ability to relate the legal issues to both commercial decisions and to policy-making.

Communication: The ability to write or present otherwise matters in clear and structured argument.


Research: The ability to identify legal and other issues and identify and retrieve relevant materials from primary and secondary sources.


Cognitive skills

Application: The ability to apply knowledge learned and comprehended to new situations and determine the consequences of the present or proposed law on new fact patterns or to policy questions.


Analysis: The ability to identify the relevant issues and the corresponding concepts and order them by importance.


Synthesis: The ability to identify common and competing positions or concepts and to understand when such matters align with, or diverge from, the legal issues, principles and rules.


Evaluation: The ability to identify the rational consequences of competing arguments or solutions and the extent of their differences.


Critical judgment: The ability to weigh up the merits or validity of competing arguments, allegations, consequences or similar matters.

Teaching Methods

Teaching Activities
Category Activity Number Length Student Hours Comment
Scheduled Learning And Teaching ActivitiesLecture221:0022:00N/A
Guided Independent StudyAssessment preparation and completion160:0060:00N/A
Structured Guided LearningAcademic skills activities100:305:00MCQs as to (i) basic learning outcomes and (ii) ‘gotchas’; the latter feeding into further study.
Scheduled Learning And Teaching ActivitiesSmall group teaching51:005:00Seminars. In the event of pandemic conditions, revert to videoconferencing.
Scheduled Learning And Teaching ActivitiesDrop-in/surgery31:003:00In the event of pandemic conditions, revert to videoconferencing.
Guided Independent StudyIndependent study1051:00105:00Reading, revision and seminar preparation
Total200:00
Teaching Rationale And Relationship

Lecturing will be used to provide an overview of both matters that need to be known in outline (where little further reading is required) and also matters that need to be known in detail, where it must be followed up with self-study from textbook chapters and academic articles.

Self-study is critical in order for the learner to grasp the detail and to spend time considering the material in depth and working through problems and constructing arguments at a slow enough pace for deep learning.

Seminars focus on checking the effectiveness of that self-study, where learners can check they have understood the material properly, clear up misunderstandings and explore, in discussion, the further possibilities from where they have got to.

Learners should close the feedback loop by reconsidering the seminar material they have not fully understood or completed after a seminar in further self-study.

Drop-in / surgery / office / feedback, guidance and consultation hours are a facility for another way of closing the feedback loop. Here, individual feedback and discussion is provided for matters there was insufficient time to deal with in a seminar, or where the issue was specific to a minority of learners such that the seminar had to more on.

Reading Lists

Assessment Methods

The format of resits will be determined by the Board of Examiners

Exams
Description Length Semester When Set Percentage Comment
Digital Examination1352A752 of 4 questions. Requires assessment by examination. In the event of pandemic conditions, revert to take-home exam
Other Assessment
Description Semester When Set Percentage Comment
Essay2M251,500 word essay
Assessment Rationale And Relationship

Examination provides 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.

As noted in the assessment framework, the use of a low-stakes summative assessment can be more beneficial than a formative assessment, hence the arrangement. The students are incentivised to complete it because it carries weight through to the finals, but not so much weight that it can be highly damaging if things go wrong. Thus its feedback element is a big reason for this arrangement.

Timetable

Past Exam Papers

General Notes

N/A

Disclaimer: The information contained within the Module Catalogue relates to the 2022/23 academic year. In accordance with University Terms and Conditions, the University makes all reasonable efforts to deliver the modules as described. Modules may be amended on an annual basis to take account of changing staff expertise, developments in the discipline, the requirements of external bodies and partners, and student feedback. Module information for the 2023/24 entry will be published here in early-April 2023. Queries about information in the Module Catalogue should in the first instance be addressed to your School Office.