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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

Pre-requisites

LAW00503 Contract Law OR LAW10001 Contract Law AND LAW10003 Contract Law II AND [new unit code] Property Principles

Co-requisites

[new unit code] Property Principles

Anti-requisites

LAW00115 - Equity

Unit aim

This unit provides an opportunity for students to research and analyse the legal concept of the trust and examine the creation, classification and functions performed by trusts. The aim of the unit is to provide students with a sound understanding of the law of trusts, including resulting and constructive trusts, duties and powers of trustees, variation of trusts and consideration of the remedies for breach of trust.

Unit content

 

Topic 1 Nature of a trust (including legality)

Topic 2 Essentials and types of trusts

Topic 3 Creation of express trusts – the certainties

Topic 4 The Beneficiary

Topic 5 Trustee - Duties, powers and rights of trustees

Topic 6 Variation and termination of express trusts

Topic 7 Breach of trust

Topic 8 Resulting trusts

Topic 9 Constructive trusts

Topic 10 Charitable trusts

Topic 11 Trusts in action.

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 demonstrate an understanding of the underlying themes and issues and the key legal principles relating to trust law
2 apply critical judgment including analysis, reasoning, and appropriate directed research to trust law topics
3 identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient
4 demonstrate an ability to learn and work independently within broad parameters as defined by the assessment requirements. Included here is the capacity to find, access, manage and evaluate sources of information relevant to trust law issues
5 communicate appropriately and effectively, through the use of well-written, clear and logical language that is supported with appropriate references.

On completion of this unit, students should be able to:

  1. demonstrate an understanding of the underlying themes and issues and the key legal principles relating to trust law
    • GA4:
  2. apply critical judgment including analysis, reasoning, and appropriate directed research to trust law topics
    • GA1:
    • GA2:
    • GA4:
  3. identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient
    • GA2:
    • GA4:
  4. demonstrate an ability to learn and work independently within broad parameters as defined by the assessment requirements. Included here is the capacity to find, access, manage and evaluate sources of information relevant to trust law issues
    • GA1:
    • GA2:
  5. communicate appropriately and effectively, through the use of well-written, clear and logical language that is supported with appropriate references.
    • GA1:
    • GA2: