What is equity? Does equity still have a role in modern law? What is a trust? How have trusts changed to meet changing social and economic needs? Do equitable doctrines and remedies and trusts law protect the vulnerable or protect the powerful?
Equity is a distinctive legal tradition in common law systems, with its own concepts, techniques, doctrines and remedies. You will learn about the historical emergence of ‘equity’ rooted in the concept of ‘conscience’ and examine the fate of equity in the English legal system and other common law jurisdictions. You will discover developments in equitable remedies concerned with remedying unconscionable conduct and abuses of power in private transactions, and the social, political and economic contexts of these developments. Arguably equity’s most important contribution is the trust. You will learn the anatomy of the trust, how to create valid trusts, the obligations that trustees are subject to, and how these have changed to meet the changing needs and desires of property owners and markets. In considering these transformations, this module develops your ability to understand and critically assess the role of equity and trusts in contemporary law and society and reflect on the nature of private law.
Lectures 16 hours, Seminars 16 hours
Test. Assessment Details: Multiple choice questions (2 of 30 minutes each worth 10%) worth 20% of total marks for the module.
Examination. Assessment Details: Examination (2 hours) worth 80% of total marks for the module. This Assessment is Pass Compulsory.
Reassessment Method: Like-for-like
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On successfully completing the module, students will be able to:
Accurately identify the core institutions, concepts, principles, doctrines and remedies of equity and trusts.
Explain and evaluate trusts and equitable doctrines and remedies in light of the historical and contemporary social, political and economic contexts in which they operate.
Contrast equitable doctrines and remedies in English law with developments in other common law jurisdictions.
Describe and assess the role of equity in modern legal systems, and appraise the interaction between equity, common law and the law of restitution.
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