Level of study Third/Final year
Credit value 20
Pre-requisite modules None
Other pre-requisites None
This module and the Land Law module (studied in Semester I) are conceived as together forming an integrated whole, designed to develop an understanding of the elements of English property law. This module deals with the nature of equity, the definition, nature and functions of a trust, the creation of express private trusts (inter vivos and testamentary) including the three certainties, statutory formalities and completely and incompletely constituted trusts, implied, resulting and constructive trusts, purpose trusts and Charitable trusts. Appointment, retirement and removal of trustees, remuneration of trustees, the general duty of care of trustees, specific powers and duties of trustees (investment, delegation, dispositive powers, maintenance and advancement), variation of trusts. Equitable remedies including breach of trusts, the fiduciary duties of trustees, liability of strangers to a trust, tracing elements of restitution, personal and proprietary remedies of beneficiaries, defences, specific performance, injunctions.