Aims and Objectives:
The function of the course is to develop an understanding of the nature and utility of the trust concept and of equitable remedies in a changing social and commercial environment. The course encourages students to develop their analytical faculties and to think for themselves, so that they have the ability to tackle practical problems and to forecast how the law should develop to fulfil its purposes.
- The development of equitable principles. The trust concept as distinguished from other related concepts.
- Express private trusts: certainties, beneficiary principle, perpetuity rules. The machinery of trusts. The various uses of trusts.
- Charitable trusts: distinctions from private trusts; charitable purposes.
- Duties of trustees: accountability, duty of care, delegation, investment, avoidance of a conflict of interest.
- The nature and scope of fiduciary obligations.
- Breaches of trust or fiduciary obligation: proprietary and personal remedies.
- Resulting and constructive trusts.
Compulsory for The Law Society: Yes
Exemption from the LPC: Yes
Dr Irit Samet Porat
Lecture (2 x 1 hour per week), Tutorial (1 x 1 hour per week), Seminar (4 x 2 hour per year)
Module assessment - more information
2 hour closed book examination (70%) & 1 summative assessed essay - 3000 words (30%)
Required module for