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This course examines Equity and Trusts in a deeper context than is often covered in University courses in England and Wales and acts as an introduction to students from other jurisdictions. This fits together with two other courses on this program: International Comparative Trusts Law and Commercial Trusts Law.

This course covers primarily English and Welsh rules, although not exclusively, as there are several Commonwealth comparisons.

Module A: The constitution of express trusts

LWM10A

• The intellectual basis of equity and the history of the law of trusts
• The foundations of express trusts
• The constitution of express trusts
• The obligations of trustees

Module B: Trusts implied by law

LWM10B

• Resulting trusts
• Constructive trusts (i)
• Constructive trusts (ii)
• Constructive trusts (iii)

Module C: Breach of trust and equitable remedies

LWM10C

• Trustees’ liability for breach of trust
• Tracing
• Personal liability to account as a constructive trustee
• Equitable remedies

Module D: Trusts of land and of the home

LWM10D

• Establishing rights in the home
• Commonwealth approaches to establishing rights in the home
• Trusts of land
• Remedial approaches to the acquisition of rights in the home

Assessment

Each module is assessed by a 45-minute unseen written exam.

Sequence

The modules can be completed in any order, but students without a firm understanding of the foundations of trust law are advised to take Module A first.