UNIVERSITY OF KENT
Confirmation that this version of the module specification has been approved by the School Learning
and Teaching Committee: 6th March 2015
MODULE SPECIFICATION
1.
Title of the module
Equity and Trusts (LW598)
2.
School or partner institution which will be responsible for management of the module
Kent Law School
3.
Start date of the module
January 2011, revised start date September 2015
4.
The number of students expected to take the module
400
5.
Modules to be withdrawn on the introduction of this proposed module and consultation with
other relevant Schools and Faculties regarding the withdrawal
None
6.
The level of the module
Honours [H]
7.
The number of credits and the ECTS value which the module represents
15 credits (7.5 ECTS)
8.
Which term(s) the module is to be taught in (or other teaching pattern)
Autumn or spring
9.
Prerequisite and co-requisite modules
LW316 Foundations of Property and LW599 Land Law are prerequisites
10. The programmes of study to which the module contributes
All single and joint honors Law programmes
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11. The intended subject specific learning outcomes
On successful completion of this module, students will have:
1)
2)
3)
4)
5)
6)
An in-depth understanding of the concepts, principles, rules, relating to equity and
trusts;
Detailed knowledge and understanding of the jurisprudence of equity, the interaction
between the common law and equity and the contributions equity has made, and
continues to make, to English law;
Detailed knowledge and understanding of the historical development of Equity and
Trusts in a social, political, and economic context;
An appreciation of the evolution of the key themes in equity and trusts in terms of their
use in specific historical and contemporary developments;
An understanding of the development, and current state, of the law of equity and trusts
from a comparative perspective (e.g. with other common law jurisdictions);
An ability to engage in a critical discussion and evaluation of the benefits of using equity
and trusts as legal strategies (in the context of other legal strategies e.g. restitution).
12. The intended generic learning outcomes
On successful completion of this module, students will have:
1)
2)
3)
4)
5)
6)
The ability to present relevant knowledge and understanding in the form of reasoned
argument;
The ability to critically evaluate an area of law both doctrinally and in terms of its socioeconomic and other consequences and from an historical perspective.
The ability to carry out further research from a variety of sources informing a sustained
and detailed argument.
The ability to recognise potential alternative solutions to particular problems and make
a reasoned choice between them.
The ability to independently acquire knowledge and understanding in areas, both legal
and non-legal.
An independence of mind and an ability to critically challenge received understandings
and conclusions.
13. A synopsis of the curriculum
This module introduces the student to the jurisprudence of equity and trusts. Building on
knowledge and understanding developed in LW316 Foundations of Property and LW599 Land Law,
but also private law more generally, the module examines equity’s contributions to private law and
jurisprudence. The module is designed to challenge the somewhat dull image of this area of law
and to encourage a critical and imaginative understanding of the subject. Departing from
conventional approaches, this module does not study equity merely in regards to its role as
originator of the trust. Equity is instead acknowledged to be what it really is a vital component of
the English legal system, a distinct legal tradition possessing its own principles and method of legal
reasoning, and an original and continuing source of legal development in the sphere of remedies.
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The law of equity and trusts is contextualised within a historical and jurisprudential inquiry,
providing a wider range of possible interpretations of its development and application. What then
becomes central to the module’s approach is the complex interrelation of law with ethical, political,
economic and jurisprudential considerations, and of that between legal outcomes, pragmatic
concerns and policy objectives.
The module begins with the problem of equity as a problem of definition, of jurisprudence, and of
jurisdiction – and identifies a set of questions that will animate the course, before turning to the
nature and range of equitable remedies. Students will then examine equitable remedies concerned
with reviewing intentions so as to undo or unwind transactions, such as gifts and contracts, and
remedies concerned with enforcing informally expressed intentions. The course then turns to the
trust and fiduciary obligations, looking at the transformation of the trust, both in terms of its
functions and its management, and the remedies available to enforce trust and fiduciary
obligations. The course ends by returning to the problem of equity and asking, in the context of
restitution and contemporary understandings of the role of law, the extent to which equity
continues to have a role in modern law.
14. Indicative Reading List
• D. Carpi (ed.), The Concept of Equity: an Interdisciplinary Assessment (Winter, 2007)
• S. Degeling and J. Edelman (eds.), Equity in Commercial Law (Lawbook Co, 2005)
• M. Fortier, The Culture of Equity in Early Modern Law (Ashgate, 2005)
• M. Halliwell, Equity and Good Conscience (Old Bailey Press, 2nd ed., 2004)
• A. Hudson, Understanding Equity & Trusts (Routledge, 5th ed., 2014)
• D. Klinck, Conscience, Equity and the Court of Chancery in Early Modern Law (Ashgate, 2010)
• F. Maitland, Equity, also the Forms of Action at Common Law: Two Courses of Lectures
(Cambridge University Press, 1929)
• C. Mitchell and P. Mitchell (eds.), Landmark Cases in Equity (Hart Publishing, 2012)
• G. Moffat, Trusts Law (Cambridge University Press, 5th ed., 2009)
• C. Stebbings, The Private Trustee in Victorian England (Cambridge University Press, 2002)
• S. Waddams, Dimensions of Private Law: Categories and Concepts in Anglo-American Legal
Reasoning (Cambridge University Press, 2003)
 M. Bryan and V. Vann, Equity and Trusts in Australia (Cambridge University Press, 2012)
• G. Watt, Equity Stirring: the Story of Justice Beyond Law (Hart Publishing, 2009)
• S. Worthington, Equity (Oxford University Press, 2nd ed., 2006)
15. Learning and Teaching Methods, including the nature and number of contact hours and the total
study hours which will be expected of students, and how these relate to achievement of the
intended module learning outcomes
The module is allocated 150 hours of study time, of which there are 30 contact hours and the rest,
private study. There will be two lectures of one hour duration each per week and a one hour
seminar every week (with the exception of one reading week and one writing week). The second
lecture slot may sometimes be used to undertake a close reading of a specific text or case.
The function of the lecture is to provide an intellectual framework for students’ understanding of
the subject through a critical engagement with the nature, history and development of the
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jurisprudence of equity and trusts. They provide the core theoretical referent for the work
undertaken in the seminars, and thereby foster the Learning Outcomes as follows: 11.1 – 6.
The function of the seminars is to provide students with the opportunity to discuss issues,
questions and ideas arising from their private study, clarify any misunderstandings, and explore the
subject further in a supportive environment. Seminars will therefore meet the following Learning
Objectives: 11.1 – 6 & 12.1, 2, 5 and 6.
Private study will itself assist students to achieve learning outcomes 11.1-5 & 12.1-6.
16. Assessment methods and how these relate to testing achievement of the intended module
learning outcomes
The module is assessed by 30% coursework and 70% examination. The coursework will be a oneterm essay of 2500 words including footnotes and quotations but excluding bibliography and case
list. The exam will be a two hour, unseen examination.
The essay will place an emphasis on asking students to critically engage with particular reading/s, a
specific case, or the comparison of the approaches to a specific issue in different Commonwealth
jurisdictions. It is designed to address the following Learning Outcomes (11.1 – 6 & 12.1-6)
The examination will be designed to test students’ analytical skills and knowledge and
understanding of the subject within the confines of time. It will address the following Learning
Outcomes (11.1 – 6 & 12.1-6)
17. Implications for learning resources, including staff, library, IT and space
None
18. The School recognises and has embedded the expectations of current disability equality legislation,
and supports students with a declared disability or special educational need in its teaching. Within
this module we will make reasonable adjustments wherever necessary, including additional or
substitute materials, teaching modes or assessment methods for students who have declared and
discussed their learning support needs. Arrangements for students with declared disabilities will be
made on an individual basis, in consultation with the University’s disability/dyslexia support service,
and specialist support will be provided where needed.
19. Campus(es) where module will be delivered: Canterbury and Medway
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