Registry

Module Specifications

Archived Version 2007 - 2008

Module Title	Equity
Module Code	LG324
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Dr Olivia Smith	Office Number	C221
Level	3	Credit Rating	5
Pre-requisite	None
Co-requisite	None

Module Aims

The aims of this module are:- To acquaint students with the historical development of the rules of equity in light of the development of the common law;- To acquaint students with the importance of the rules of equity and equitable remedies; - To teach students the principles and rules of equity; and,- To teach students the approach taken by the courts in Ireland to equity.

Learning Outcomes

At the end of the module, students must:- Appreciate the historical development of equity;- Demonstrate a thorough knowledge and understanding of the principles of equity;- Understand how the principles of equity have impacted and continue to impact on the Irish legal system; and, - Be able to solve problems using the rules and principles of equity.

Indicative Time Allowances
	Hours
Lectures	0
Tutorials	0
Laboratories	0
Seminars	0
Independent Learning Time	75

Total	75
Placements
Assignments

NOTE

Assume that a 5 credit module load represents approximately 75 hours' work, which includes all teaching, in-course assignments, laboratory work or other specialised training and an estimated private learning time associated with the module.

Indicative Syllabus

Origins and Definitions of Equity and the Trust
Trusts, Powers and Certainties
Formalities
Constitution of Trusts
Resulting Trusts and Trusts of the Family Home
The Fiduciary Nature of Trusteeship
Strangers to the Trust
Breach of Trust

Assessment
Continuous Assessment	10%	Examination Weight	90%

Indicative Reading List

Recommended Textbook

H. Delany, Equity and the Law of Trusts in Ireland (4^th ed.) Thomson Roundhall, 2007

Supplementary Textbooks

R. Pearce and J. Stevens, The Law of Trusts and Equitable Obligations (4^th ed.) Oxford University Press, 2006

P. Petit, Equity and the Law of Trusts (10^th ed.) Oxford University Press, 2005

J. Martin, Modern Equity (17^th ed.) Sweet and Maxwell, 2005

G. Watt, Trusts and Equity (2^nd ed.) Oxford University Press, 2006

These books are published in England and thus students must take care to avoid confusion in areas where Irish law differs from English law. Their advantage is that they are more comprehensive on certain topics, or may provide explanations that are easier to grasp.

Pearce and Stevens, above, is recommended for both its clarity and comprehensiveness.

Case-Books

H. Delany, Equity and the Law of Trusts in Ireland: Cases and Materials, Roundhall Thomson, 2002

D. Hayton and C. Mitchell, Commentary and Cases on the Law of Trusts and Equitable Remedies, Sweet and Maxwell, 2005

Please note that there is no substitute for reading cases ‘first hand’: please do not rely on case-books.

Electronic Resources

All course materials will be posted to DCU’s online learning environment Moodle. A handout covering each topic will be placed on Moodle in advance of lectures. Please bring the handout to class.

Lecture topics that are supplemented with power-point presentations will be posted on Moodle only after the particular lecture topic has finished.

Most cases referred to are available through Lexis/Nexis and Justis databases.

Lectures:

Lectures are provided to give you an outline of the subjects detailed on the Equity module specification. They are not intended to replace private study on the topics, or to act as a form of ‘examination pass guide’. The lectures and lecture handouts should be used to familarise yourself with the topics being covered and as an aid to further reading and study.

Following some lecture topics, where time permits, a small amount of lecture time will be devoted to considering a sample exam question in order to equip students with the problem solving skills necessary to tackle the examination and to allow for further discussions of the issues arising. Further material to this end will be posted on MOODLE.

Attendance at lectures is compulsory.

Programme or List of Programmes

BSSA

Study Abroad (DCU Business School)

BSSAO

Study Abroad (DCU Business School)

ECSA

Study Abroad (Engineering & Computing)

ECSAO

Study Abroad (Engineering & Computing)

EPL

BA in Economics, Politics & Law