Last modified: 22 May 2019 17:07
This course considers Equity and Trusts, which in its content, teaching, and nature of its development makes clear key differences between Scots law and English law. We will consider the history of Equity and its relationship with the common law; the meaning, creation and practical impact of trusts (express, implied, resulting and constructive) with both family disputes and commercial sagas having a key role; charitable and non-charitable purpose trusts; rights of beneficiaries; appointment and responsibilities of trustees; fiduciary relationships, and equitable remedies (in particular injunctions, and freezing and search and seize orders). Assessment is by an essay and an exam.
|Session||First Sub Session||Credit Points||15 credits (7.5 ECTS credits)|
The nature of equity and trusts (express, resulting, charitable and non charitable purpose and constructive trusts); the fiduciary relationship and responsibilities of trustees and their appointment, removal and liabilities; and the rights of beneficiaries and equitable remedies.
Information on contact teaching time is available from the course guide.
1st Attempt: 1 two-hour examination (70%) (50% of which is a pre-seen question) and 1 3000-word essay (30%).
Resit: 1 two-hour examination (70%) (50% of which is a pre-seen question) and essay mark carried forward (30%).
Optional opportunity to write formative essay and to prepare practice exam.On a less formal basis, verbal feedback is given during tutorial discussions.
The summative assessment is marked and returned with detailed written comments within 3 weeks of submission For the Practice exam and practice essay written feedback comments are put on each script, supplemented by a lecture hour which goes over all aspects of the exam performance. The Course Coordinator extends a general invitation to any member of the class who wishes to discuss his or her performance.