This course deals with topics concerning trusts that arise out of the operation of law as opposed to those express trusts being taught in Semester A. These trusts include resulting trusts, constructive trusts (selective CTs) or statutory trusts. They arise as ancillary to the common law in filling the gap in the title to offer a coherency in the transfer of ownership i.e vendor-purchase CT, or CICT or resulting trust as to the purchase resulting trusts.

This course -

• examines the nature, scope and significance of equity and trusts
• develops a sound knowledge of the principles of equity and trusts
• develops:
  • research skills
  • analytical and problem-solving skills
  • effective written and oral communication skills

in relation to issues in trusts law

• develops an awareness of the social and commercial contexts in which trusts law operates
• introduces students to some of the basic practical skills required to advise on application of trusts law

Examination (60%)

This will test students’ ability to apply principles of land law to solve practical problems. The examination will test the ability of students to present their answers lucidly separating the relevant from the irrelevant issues.

The use of Generative AI tools is not allowed.

Grading of Student Achievement: Standard (A+, A, A-...F). Grading is based on student performance in assessment tasks / activities.

Assessment will be by coursework (40%), which will comprise continuous performance evaluation, a group assignment and a written examination (60%).

To pass this course students must obtain an aggregate mark of 40% and a minimum of 30% in each of the coursework and the examination elements of the assessment. Coursework for this purpose means those ways in which students are assessed otherwise than by the end of session examination.

The portion of the overall mark allocated to performance/participation in inter-active in class activities will be assessed on the quality of the participation. Assessment criteria for those activities, their nature and their timing will be set out in the study guide/course manual and will be further expanded upon by the course leader.

The duration of the examination will be at the discretion of the course leader. The course leader will announce the duration of the examination in the first week of the course. Similarly the course leader will announce whether the examination will be closed book or open book.

To enable the full benefit to be obtained from this course, students should attend all of the classes and activities.

Assessment will be formative to enable students to demonstrate their capacity to understand, analyse and apply rules and principles and summative to assess ability to synthesise primary and secondary material to solve novel problems.