| Unit name | Trusts |
|---|---|
| Unit code | LAWD30120 |
| Credit points | 20 |
| Level of study | H/6 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Professor. Imogen Moore |
| Open unit status | Not open |
| Pre-requisites |
None |
| Co-requisites |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
This unit covers the core principles of the law of Trusts in England and Wales. It considers: the nature and purpose of a trust and its origins in Equity; trusts and other concepts; different types of trust, including an introduction to purpose trusts, resulting trusts and constructive trusts; the three certainties; formalities for the creation of express trusts; constitution of trusts and imperfect gifts; the position of the beneficiary; the role and nature of trusteeship; trust administration and management, including investment of trust funds and delegation by trustees; the duty of care; fiduciary duties; breach of trust and relief; proprietary remedies and tracing; personal liability of strangers to a trust (recipient and accessory liability).
The trust concept has been described as ‘the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence’ (Maitland, 1936). Although difficult to define – not least because of its flexibility - the trust is of great significance to very many areas of law and modern life, from family law to commercial law, and from land law to insolvency and charities. At the heart of the trust lies the separation of ownership into legal and beneficial ownership, enabling one person (the trustee) to hold property for the benefit of another (the beneficiary) or for certain purposes, with attendant obligations on the trustee and consequences when those are breached. This unit enables you to understand and evaluate the principles of trust law underpinning the creation and operation of trusts and their breach, and see (and question) the myriad ways in which trust principles play a role in wider law, commerce and society.
By the end of this unit a successful student will be able to:
Teaching will be delivered through a variety of asynchronous and synchronous activities
1 x summative assessment: coursework with a specified word count (100%)
The assessment will assess all of the intended learning outcomes for this unit.
There are a great number of textbooks on Trusts available, of differing lengths, and displaying a variety of different styles, approaches and levels of detail. The vast majority of Trusts textbooks are very good, and so much depends on the kind of writing you prefer. It is worth taking a look at some of the available books before purchase (in the book shop, in the library, or online) to find one that best meets your own preferences. Ideally your textbook should both explain the key principles, and encourage you to consider the law critically. With this in mind the main recommended textbooks for this unit are (the latest editions) of:
