This unit begins with an overview of the equity jurisdiction, including fiduciary duties, before going on to consider the law of trusts in more detail. The unit covers the creation, constitution and validity of both private and public trusts; the rights and duties of trustees; trustee and third-party liability for breaches of trust; and remedies for breach of trust. These principles will be explored in the context of both personal and commercial dealings, and particular attention will be paid to certain commercial applications of the trust mechanism, such as Quistclose trusts and retention of title 'proceeds' trusts.
Mar 23, 24 and Apr 6, 7 (9-5)
class participation (10%) and take-home exam (90%)
Students who have previously completed a law degree in a common law jurisdiction are not permitted to enrol in this unit, except with the permission of the Unit Coordinator
LAWS2015 or LAWS3474