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Module Specifications

Archived Version 2011 - 2012

Module Title Trusts Law
Module Code LG351
School School of Law & Government

Online Module Resources

Module Co-ordinatorDr Olivia SmithOffice NumberC221
NFQ level 8 Credit Rating 5
Pre-requisite None
Co-requisite None
Compatibles None
Incompatibles 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



Workload Full-time hours per semester
Type Hours Description
Lecture24No Description
Assignment Completion10No Description
Independent Study91No 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 Assessment0% Examination Weight100%
Course Work Breakdown
TypeDescription% of totalAssessment Date
Reassessment Requirement
Resit arrangements are explained by the following categories;
1 = A resit is available for all components of the module
2 = No resit is available for 100% continuous assessment module
3 = No resit is available for the continuous assessment component
Unavailable
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
Programme or List of Programmes
BCLBCL (Law and Society)
BCLYABCL (Law and Society)
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