Module: Trusts Law

Latest Module Specifications

Current Academic Year 2025 - 2026

Module Title	Trusts Law
Module Code	LAW1033 (ITS: LG351)
Faculty	Law & Government	School	Humanities & Social Sciences
NFQ level	8	Credit Rating	5

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

Section Breakdown
CRN	20604	Part of Term	Semester 2
Coursework	0%	Examination Weight	0%
Grade Scale	40PASS	Pass Both Elements	Y
Resit Category	RC1	Best Mark	N
Module Co-ordinator	Ciara Fitzgerald	Module Teacher	Niall Moran, Ronan Condon

Section Breakdown
CRN	21515	Part of Term	Semester 2
Coursework	0%	Examination Weight	0%
Grade Scale	40PASS	Pass Both Elements	Y
Resit Category	RC1	Best Mark	N
Module Co-ordinator	Tanya Ní Mhuirthile	Module Teacher

Type	Description	% of total	Assessment Date
Assessment Breakdown
Formal Examination	End-of-Semester Final Examination	100%	End-of-Semester

Reassessment Requirement Type
Resit arrangements are explained by the following categories; RC1: A resit is available for both^* components of the module. RC2: No resit is available for a 100% coursework module. RC3: No resit is available for the coursework component where there is a coursework and summative examination element. ^* ‘Both’ is used in the context of the module having a coursework/summative examination split; where the module is 100% coursework, there will also be a resit of the assessment

Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

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

Indicative Reading List

Books:

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,

Articles:
None

Other Resources

None