Undergraduate 

Common Law (graduate entry) LLB

Equity and Trusts (CL-FR) LAW2053

  • Academic Session: 2021-22
  • School: School of Law
  • Credits: 20
  • Level: Level 2 (SCQF level 8)
  • Typically Offered: Semester 2
  • Available to Visiting Students: Yes
  • Available to Erasmus Students: Yes

Short Description

This course introduces students to the common law subject of equity and trusts with emphasis on trust law. It aims to provide a good understanding of the principles of equity and its role within the common law, of the main equitable remedies (specific performance, injunctions), and of the main areas of trust law (express trusts, trusts and powers, resulting and constructive trusts, purpose trusts, breach of trust and remedies) as a basis for students seeking qualification into the legal profession in common law jurisdictions.

Timetable

Three one-hour lectures per week during semester 2 

Five rounds of one-hour tutorials during semester 2

Excluded Courses

LAW 2011 Property Law

Co-requisites

None

Assessment

One two-hour written unseen examination at the end of semester 2 which accounts for 75% of the overall grade.

One coursework essay which accounts for 25% of the overall grade.. 

Main Assessment In: April/May

Course Aims

■ This course is an introduction to the main principles and concepts of the common law subject equity and trusts. It seeks provide students with a thorough understanding of equitable remedies and of the principles and mechanisms of trusts and of their role within property law and private law in a common law system. Students should also be able to develop research and problem solving skills and should develop skills in the reading and interpretation of complex trust cases.

Intended Learning Outcomes of Course

By the end of this course students will be able to:

■ Have a good understanding of the principles and maxims of equity

■ Show a familiarity with equitable remedies, such as specific performance, rectification, and injunctions, and link these to contract law in particular

■ Have a thorough understanding of trust law and the functioning of legal and equitable ownership, trustees' fiduciary position and beneficiaries' equitable remedies

■ Know of the principles of express trusts, the requirements and elements for constituting a trust and formalities

■ Show familiarity with the relevance of powers to the law of trusts

■ Understand and explain the operation of constructive and resulting trusts

■ Have an outline understanding of purpose trusts

■ Have an outline understanding of charitable trusts

■ Have a clear understanding of the area of breach of trust and of the connected personal and proprietary remedies of beneficiaries

■ Have developed research skills and the skills of interpreting complex case law material

■ Present their research findings in an organised manner orally or in written form

■ Argue for solutions in legal problem

Minimum Requirement for Award of Credits

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment