Equity and Trusts

Module: Equity and Trusts (LW2ETR)

Law of Trusts and Principles of Equity (LW3EQT)

Not more than 4 pages which must be formatted in accordance with the School of Law’s Assessed Work Rules (otherwise penalties will apply)

Title:

“A major problem with the reliance principle [i.e. whether a claimant needs to rely on illegal conduct as part of his or her claim] is its arbitrariness. Whether or not the illegality has any effect on the recognition or enforcement of the trust does not depend on the merits of the parties or the policies that underlie the illegality defence. The outcome of the case will turn solely on the procedural issue of whether any legal presumption is in play and how closely the illegality is tied up with any evidence that the parties may wish to rely on.” (Law Commission Report No 320 The Illegality Defence, para 2.13 on p.11 (2010))

Explain with examples from the case-law why the Law Commission took the view that the current law on illegality is ‘arbitrary’. Do you think that the Commission’s proposed solution adequately addresses the problems, or would you favour either the status quo or some other solution?

Important note

When submitting any assessed coursework, you will be asked online to confirm: “I certify that neither this piece of work, nor any part of it, has been submitted in connection with another assessment.” If you foresee any problems with this, consult the module convenor.

Learning Outcomes:

Students will demonstrate

  • knowledge and understanding of the relevant areas of Trust law.
  • the ability to research and apply relevant secondary literature.
  • the ability to complete a piece of extended writing in compliance with applicable conventions of grammar, style, and referencing.

Submission Process:

Submission is online – with the time recorded – through the “Assignments and Turnitin” tab in the Blackboard module site: submit by the deadline a single electronic file containing all of your essay (text, notes, any bibliography – no coversheet is needed). If the system will not accept your submission, notify  and then submit as soon as you are able.

  • No paper submission is required for this module.
  • Do not include in your electronic file the Law School coversheet used for paper submissions.
  • Anonymous Assessed Work Numbers allocated to students by the Law School for paper submission are not used in online submission: Turnitin will make the marking anonymous.
  • If you are entitled to use green stickers to notify markers about a condition affecting your work, include the electronic sticker as the first item in your electronic file – it does not count as part of your page allowance.

Originality / plagiarism – you have the opportunity to check drafts:

Your online submission – into the Turnitin system – generates an originality report for the examiners highlighting any passages apparently copied or unoriginal.

You have the opportunity to check a draft of your essay in Turnitin to help you avoid plagiarism: you are strongly encouraged to do this, leaving yourself enough time to make any necessary revisions before final submission. (The system can sometimes take a day to generate a report.) You do this in the Blackboard module site, through the “Assignments and Turnitin” tab, using the “DRAFT essay” assignment. This will open one month before the submission deadline (and remains open after the deadline for students with extensions). You can check several drafts. Guidance on interpreting Turnitin results is in the Programme Handbook: you are advised to read this before looking at the report on your essay. Reading the Turnitin report and revising your draft essay is your responsibility; staff cannot be asked to read the report or advise on it.

Further guidance on plagiarism, and how to avoid it, can be found in your Programme Handbook and in the Law School’s Legal Skills: a Guide.

School of Law Assessed Work Rules:

You must read and comply with all the School of Law’s Assessed Work Rules in the Programme Handbook, published at the start of the year. (If you are not a Law School student you should ensure the Module Convenor has made a copy of these rules available to you.)

Assessment Criteria:

The University’s general assessment criteria apply: see the Programme Handbook for details.

Specific assessment criteria for this exercise:

  • Accurate statement of the core legal issues and relevant principles of Trust law.
  • Accurate analysis and application of the main principles of relevant case law to the given topic.
  • Evidence of critical evaluation of the relevant issues and ability to put forward own view while formulating recommendations and presenting arguments.
  • Evidence of wider reading.
  • Overall presentation including citations and bibliography of relevant cases and statutes, textbooks and articles, in correct form.

Percentage of module mark:

The mark awarded for the assessed work will be out of 100. The percentage of the final module mark derived from this assessed work can be found in the Module Description.

Return of essays

General University policy is to return marked essays, with feedback, within 15 working days from the submission date: all marks are provisional, subject to revision by the External Examiner in end of year results. (However, it may be necessary to delay the return of essays and the provision of feedback, where any student has an extension to the submission date, until all essays have been submitted.) Essays may not be returned before the publication of end of year results if the essay makes up the whole – or substantially the whole – mark for the module.

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