Equity and Trusts for Managers

1.  Understand historical events leading to the development and nature of Equity

1. Explain key historical events leading to the development of Equity
2. Examine the relationship between law and equity
3. Explain the meaning of equitable maxims

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2.  Understand the requirements for the creation of valid trusts

1. Analyse the features of different types of trusts
2. Apply statutory rules and their case law interpretations in appropriate scenarios
3. Analyse the impact of illegality on legal presumptions

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3.  Understand the concept of the beneficiary principle and exceptions

1. Examine the need for a human beneficiary in private express trusts
2. Illustrate established exceptions to the beneficiary principle
3. Describe the various methods by which gifts to unincorporated associations may be affected

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4.  Understand equitable remedies

1. Evaluate conditions for tracing in law and in equity
2. Appraise the application of the change of position defence
3. Assess when specific performance or injunction can be granted

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5.  Understand trustees’ administrative powers and duties

1. Explain when power of advancement and maintenance can be utilised by the trustees
2. Differentiate correctly between administrative duties and fiduciary duties
3. Evaluate trustees’ defences for the breach of administrative duties

• The assessment strategy for this course is designed to test all the learning outcomes.
• Learners must demonstrate successful achievement of all learning outcomes to pass the course.

• The assessment criteria for a pass will be presented with the summative exercise.
• Further information and guidance on the assessment will be made available through the tutor.

To pass the unit a 40% overall grade must be achieved.