| Unit name | Law of Personal Property and Trusts II |
|---|---|
| Unit code | LAWDM0104 |
| Credit points | 20 |
| Level of study | M/7 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Mr. Baughen |
| Open unit status | Not open |
| Pre-requisites |
None |
| Co-requisites |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
This Unit continues the study of the core principles of English personal property law, with its primary focus being on the law of trusts. Though broadly doctrinal in focus, it will also expose the historical development of those principles, the policies that have driven their development, socio-political perspectives on their form and practical operation, and the future scope for law reform in the area.
The unit will cover the following topics: charitable trusts and cy-pres; non-charitable purpose trusts, including unincorporated associations, Denley trusts and Quistclose trusts; variation of trusts; management of trusts, including statutory powers and duties of trustees in relation to investment and delegation; the nature of fiduciary obligations; breach of trust and remedies available at common law and in equity as against both trustees and third parties; and the theoretical basis of resulting and constructive trusts.
The unit will develop further students’ skills in common law method (case-law and statutory interpretation) and in multiple-issue problem-solving.
After completing the unit, students will be able to display a general knowledge of the principles of English personal property and trusts law covered in the unit, to provide thoughtful and well-researched solutions to legal problems and engage in the discussion of legal issues from an informed legal, critical, socio-political and theoretical perspective.
Six two-hour seminars and attendance at appropriate lectures (no more than 13 hours) = 25 hours in total
One piece of coursework of 2000-2500 words in length (33%) This will further develop the research skills of students initially assessed in Law of Personal Property and Trusts I, but will cover different material concerning the development of personal property law in the context of trusts. In so doing, students will be expected to demonstrate familiarity with the historical development of those principles, the policies that have driven their development, socio-political perspectives on their form and practical operation, and the future scope for law reform in the area. One two hour examination involving essays and problem questions (67%) This summative assessment will test students’ skills in common law method (case-law and statutory interpretation) and in multiple-issue problem-solving, as well as their understanding of the social and political implications of these legal principles.
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