|Assessment task details and instructions The student must choose one of the cases below and must write a case study about this. You should note that a case study is not simply a treatment of the facts and the decision in the case chosen. The candidate must show an awareness of the context of the case. Thus, the case study should outline and analyse the state of the law prior to the case. This should include all policy reasons and values underlying the particular area of the law. Then the study should identify what if any deficiencies there were in this area of law which gave rise to this case. The case should be viewed as an attempt to resolve a particular problem and the candidate must assess how successful this solution was. The latter might involve a treatment of how the case has been dealt with in later decisions. The student should look to identify any remaining difficulties and offer some suggestions on how they might be resolved by looking at academic suggestions. You are advised to read case studies in any relevant journal to appreciate the range of styles used in such an undertaking. A sample of some previous case studies completed by students will be added to the Blackboard site. **IMPORTANT** If you conduct a case study of a case that is not on this list then you receive a mark of 0. List of Cases: Hunter v Moss  1 WLR 452 (CA) Re Denley’s DT  1 Ch 373 Re Astor  1 All ER 1067 Rawstron v Freud  EWHC 2577 (Ch) Inland Revenue Commissioners v Broadway Cottages Trust  Ch 20 (CA) Blackwell v Blackwell  AC 318 Zeital v Kaye  EWCA Civ 159 King v Dubrey and others  EWCA Civ 581 Oppenheim v Tobacco Securities Trust  AC 297 Re Rose  EWCA Civ 4 Your answer MUST be fully research informed and referenced as per OSCOLA. |
OSCOLA is the footnote style which should be used in the assessment. Bibliography/Table of Cases/Table of Statutes
Your assessment must include a Bibliography, Tables of Cases and Table of Statutes if applicable. Please note these are NOT included in the word count. You are advised further to pay particular attention to the word count rules noted below.
|Assessed Learning Outcomes |
On successful completion of this assessment, you will be able to: Knowledge and Understanding:
Critically review encounters with principles of equity and trusts in earlier modules, and in particular, to reflect upon trusts of land and their relationship to classical rules of equity and trusts
Demonstrate a detailed knowledge and understanding of the law of Equity and Trusts Use and apply appropriately the complex terminology of the subject in a range of contexts
Recognise and justify the occurrence of equitable doctrines and remedies throughout the legal system
Apply the principles of the Law of Trusts to a range of current and significant transactions, and recognise the significance and limitations of such applications
Transferable Skills and Other Attributes
On successful completion of this module students will have the skills required in order to:
Develop further competence in the use of a range of legal (and sometimes non-legal) research sources, in both paper and electronic format.
Develop further independent learning skills.
Marshal facts and analyse legal concepts across traditional subject boundaries
Propose solutions to complex problems by the application of equitable principles
|Module Aims |
To examine the main principles of Equity and Trusts law in the English legal system.
To critically evaluate how the law regulates and facilitates the holding of property on trust and its transfer.
To explore the process whereby equitable rights and interests are created and to critically evaluate the way the law regulates the relationship between trustees and beneficiaries
To review the law’s strengths and weaknesses in the light of recent, current and proposed reforms
type of assignment: Essay