Module Details

Module Code: LAWS H3309
Module Title: Equity and Trusts 2
Title: Equity and Trusts 2
Module Level:: 8
Credits:: 5
Module Coordinator: Eileen Doyle
Module Author:: Ivan Sheeran
Domains:  
Module Description: The aim of this module is to provide students with a solid knowledge and developed understanding of the fundamental principles of the law of trusts in Ireland.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Discuss the origins of the trust and its significance in the modern legal system.
LO2 Identify and explain the different types of trust and the circumstances in which each will arise and be enforced.
LO3 Identify and explain the functions and duties of trustees and fiduciaries and the circumstances in which third parties will be liable to account.
LO4 Critically evaluate the law in this area and employ knowledge and critical understanding in solving relevant legal problems.
LO5 Research aspects of the law of equity and trusts either independently or as part of a group and communicate findings and proposals in written and/or verbal form.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Additional Requisite Information
No Co Requisites listed
 
Indicative Content
Categories of Trusts
• Express Trusts - Formal Requirements - Essential Elements including the Three Certainties • Constitution of Trusts • Secret and Half-Secret Trusts • Resulting Trusts – automatic, presumed, presumption of advancement, trusts of family property. • Constructive Trusts - Institutional, Remedial • Charitable Trusts - MacNaghten classification and the public benefit requirement, Charities Act 2009 - Cy-pres Doctrine • Purpose Trusts • Void and Voidable Trusts
Duties of Trustees, Fiduciaries and relevant 3rd parties
Functions and duties of trustees and fiduciaries, liability of third parties to account
Module Content & Assessment
Assessment Breakdown%
Project30.00%
End of Module Formal Examination70.00%

Assessments

Full Time

Continuous Assessment
Assessment Type Project % of Total Mark 30
Timing n/a Learning Outcomes 1,2,3,4,5
Non-marked No
Assessment Description
Students will given a research topic dealing with an issue of current concern to the law of trusts. They will be required to extensively research and critically appraise the issues involved, in accordance with clearly defined instructions and present their findings and proposals.
No Project
No Practical
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 70
Timing End-of-Semester Learning Outcomes 1,2,3,4,5
Non-marked No
Assessment Description
n/a
Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.

SETU Carlow Campus reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description 12 Weeks per Stage 3.00 36
Estimated Learner Hours Non Contact No Description 15 Weeks per Stage 5.93 89
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description Every Week 1.50 1.5
Total Weekly Contact Hours 1.50
 
Module Resources
Recommended Book Resources
  • Biehler. (2020), Equity and the Law of Trusts in Ireland, 7th Ed.. 20, Round Hall, Ireland, [ISBN: 9780414081994].
  • Dr Claire Michelle Smyth. (2019), Principles of the Law of Equity and Trusts in Ireland, 1st. 19, Clarus Press, Ireland, [ISBN: 9781911611257].
Supplementary Book Resources
  • Albert Keating. (2020), Equity in Practice, Clarus Press, p.396, [ISBN: 9781911611264].
  • Ronan Keane. (2017), Equity and the Law of Trusts in Ireland, 3rd. 31, Bloomsbury Professional, p.632, [ISBN: 9781526502537].
  • Jamie Glister,James Lee. (2018), Hanbury & Martin: Modern Equity, 21st Ed.. Sweet & Maxwell, United Kingdom, [ISBN: 9780414060371].
  • McGhee & Elliott. (2020), SNELL'S EQUITY., 34th. Thomson Reuters, United Kingdom, [ISBN: 9780414083738].
  • Delany. (2002), Equity and the Law of Trusts in Ireland: Cases and Materials, Roundhall.
  • Wylie. (1998), Casebook on Equity and Trusts in Ireland, 2nd edition, Tottel.
This module does not have any article/paper resources
Other Resources
Discussion Note: