| Unit name | Trusts |
|---|---|
| Unit code | LAWD30120 |
| Credit points | 20 |
| Level of study | H/6 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Mr. Baughen |
| Open unit status | Not open |
| Pre-requisites |
Law of Property 1 |
| Co-requisites |
Law of Property 1 |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
This unit covers the core principles of English trusts law, including: trusts and powers; charitable trusts; the beneficiary principle; variation of trusts; formalities and resulting trusts; management (investment, delegation, standard of care); breach of trust; fiduciary obligations.
By the end of the unit, a successful student should be able to explain: (a) how trusts may be compared and contrasted with bailments, contracts, debts, agency, administration of estates and powers: (b) the classification of trusts: (c) the application of the Certainty rules to trusts: (d ) the operation of protective trusts: (e) Certainty of intention, of subject matter and of objects: (f) how the perpetuity rules affect trusts: (g) the operation and advantages of charitable trusts: (h) cy-pres: (i) non-charitable purpose trusts: (J) the dissolution of unincorporated associations; (k) how trusts may be varied: (l) the nature and operation of resulting trusts: (m) formalities and sec 53 of the LPA: (n) trustee investments (including ethical investments and investment policy): (o) delegation of trustees' powers: (p) personal liability for breach of trust: (q) the fiduciary nature of trusteeship and the rule that a trustee may not profit from the trust.
Students should be able to state the law accurately , to apply legal principles to problem case scenarios, and to think critically about ways in which the law is being, and might be, reformed. The examination includes both problem type and essay type questions, designed to assess both whether students are able to understand and apply the law, and whether they are able to think critically about it,By the end of the unit, a successful student should be able to explain: (a) how trusts may be compared and contrasted with bailments, contracts, debts, agency, administration of estates and powers: (b) the classification of trusts: (c) the application of the Certainty rules to trusts: (d ) the operation of protective trusts: (e) Certainty of intention, of subject matter and of objects: (f) how the perpetuity rules affect trusts: (g) the operation and advantages of charitable trusts: (h) cy-pres: (i) non-charitable purpose trusts: (J) the dissolution of unincorporated associations; (k) how trusts may be varied: (l) the nature and operation of resulting trusts: (m) formalities and sec 53 of the LPA: (n) trustee investments (including ethical investments and investment policy): (o) delegation of trustees' powers: (p) personal liability for breach of trust: (q) the fiduciary nature of trusteeship and the rule that a trustee may not profit from the Trust.
Students should be able to state the law accurately , to apply legal principles to problem case scenarios, and to think critically about ways in which the law is being, and might be, reformed. The examination includes both problem type and essay type questions, designed to assess both whether students are able to understand and apply the law, and whether they are able to think critically about it.
20 Lectures and 8 Tutorials
One three hour closed book examination in May/June, in which students answer 3 questions from a choice of 6 or 7 questions.
Hanbury & Martin, Modern Equity, or Pettit, Equity & The Law of Trusts, or Watt, Trusts & Equity, or Moffatt, Trusts Law (and a new textboolk by Virgo will appear in 2012) plus cases, articles and Reports as set out in the Tutorial Reading List
