| Unit name | Law of Personal Property and Trusts |
|---|---|
| Unit code | LAWDM0074 |
| Credit points | 30 |
| 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 explores 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: the nature of and distinctions between: property and possession, law and equity, trusts and other concepts such as debt and bailment, trusts and powers; the creation of express trusts; charitable trusts and the doctrine of 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; the theoretical basis of resulting and constructive trusts. The Unit will develop student's skills in common law method (case-law and statutory interpretation), in research (involving both paper and electronic resources), and in multiple-issue problem-solving.
This unit provides an introduction to the core principles of English personal property law and to the law of trusts. Though broadly doctrinal in focus, it examines the key principles and policies that underlie property law and the trust. After completing the unit, students will be able to display basic knowledge of the principles of English personal property and trusts law; to demonstrate basic skills in common law method of the English Legal System, which is developed through practice in handling case-law and statutory materials; and to develop independent research and writing skills through researching and analysing further material in the field with which they are hitherto unfamiliar. This unit also ensures that students develop skills of problem-solving in this field of study.
A 3,000 word research essay (33%) and a three hour examination (67%)
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