Module: Trusts Law

Module Specifications.

Current Academic Year 2024 - 2025

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Date posted: September 2024

Module Title	Trusts Law
Module Code	LG351 (ITS) / LAW1033 (Banner)
Faculty	Humanities & Social Sciences	School	Law & Government
Module Co-ordinator	Ronan Condon
Module Teachers	Niall Moran
NFQ level	8	Credit Rating	5
Pre-requisite	Not Available
Co-requisite	Not Available
Compatibles	Not Available
Incompatibles	Not Available

None

Description

This module introduces and examines one of the greatest contributions made by the Courts of Equity to property law, the trust. It considers the historical development of the trust and it also deals with the substantive rules governing the creation and classification of trusts, alongside the duties and powers of trustees, and the remedies for breach of trust.

Learning Outcomes

1. appreciate the historical background to the development of the trust in equity
2. describe and discuss the rules pertaining to the creation of different types of trusts
3. appreciate the role of the constructive trust as a remedial device
4. access and evaluate complex primary source of law relating to the trust
5. make judgement on the application of the legal rules to hypothetical factual scenarios

*Type*	*Hours*	*Description*
Workload	Full-time hours per semester
Lecture	24	No Description
Assignment Completion	10	No Description
Independent Study	91	No Description
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

Introduction: The Historical Development of the Trust

Creation of Trusts: Trusts, Certainties and Powers

The Constitution of Trusts

Resulting Trusts

Trusts of the Family Home

Charitable Trusts

Fiduciary Nature of Trusteeship

Trustees: Powers and Duties

Breach of Trust

Assessment Breakdown
Continuous Assessment	0%	Examination Weight	100%

Type	Description	% of total	Assessment Date
Course Work Breakdown

Reassessment Requirement Type
Resit arrangements are explained by the following categories: Resit category 1: A resit is available for both* components of the module. Resit category 2: No resit is available for a 100% continuous assessment module. Resit category 3: No resit is available for the continuous assessment component where there is a continuous assessment and examination element.
* ‘Both’ is used in the context of the module having a Continuous Assessment/Examination split; where the module is 100% continuous assessment, there will also be a resit of the assessment
This module is category 1

Indicative Reading List

Delany: 2007, Equity and the Law of Trusts in Ireland, 4th, Thomson Roundhall,
Pearce and Stevens: 2006, The Law of Trusts and Equitable Obligations, 4th, Oxford University Press,
Hudson: 2007, Equity and Trusts, 5th, Cavendish,
Martin: 0, Modern Equity, 17th, Thomson Sweet and Maxwell,
Hayton: 2003, The Law of Trusts, Sweet and Maxwell,
Petit: 2006, Equity and the Law of Trusts, 10th, Oxford University Press,
Mee: 1998, The Property Rights of Co-Habitees, Hart,
Oakley: 2008, Constructive Trusts, Sweet and Maxwell,
Hunt and Lim eds: 2001, Feminist Perspectives on Equity and Trusts, Cavendish,
Birks and Pretto: 2002, Breach of Trust, Hart,

Other Resources

None