Equity and Trusts Law

Law School

College of Arts and Law

Details

Code 18619

Level of study Third/Final year

Credit value 20

Semester 2

Pre-requisite modules None

Other pre-requisites None

Module description

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.

Teaching and learning methods

Lectures and supervisions