Property Law B

Law School

College of Arts and Law

Details

Code 21218

Level of study Third/Final year

Credit value 30

Semester 2

Module description

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. Trusts of Land. 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.