Overview

The module may cover but will not be limited to the following topic areas: the development of equity and the nature of trusts, variation of trusts, the three certainties, constitution and formalities, charitable trusts, cy-pres doctrine, resulting and constructive trusts, Quistclose trusts, the fiduciary relationship, the distinction between a breach of trust and a breach of a fiduciary duty, trustees' duties, remedies, defences, tracing, dishonest assistance and knowing receipt. Students will also gain an understanding of unjust enrichment within this module.

Learning Outcomes

• Critically distinguish between the key requirements for the creation of a valid express trust and to be able to cite relevant statutory authority and common law principles in connection therewith.

• Demonstrate a critical knowledge of the distinction between the legal estate and the equitable interest and to be aware of the distinction between real and personal property.

• Identify and critically evaluate whether an account has either been surcharged or falsified and to be able to state accurately when and how beneficiaries can avail themselves of the ability to trace into assets, using common law and equitable principles.

• Show a critical appreciation of implied trusts, and show a critical appreciation of the underlying conceptual and theoretical basis for such trusts.

• Show a critical awareness of the differences between the personal and proprietary remedies of beneficiaries

• Show a critical understanding of the key distinction between a breach of fiduciary duty and breach of trust.