Module Title:Equity and Trusts 2
Language of Instruction:English
Credits: 5
NFQ Level:8
Module Delivered In 1 programme(s)
Teaching & Learning Strategies: Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving Exercises - student will work as part of a team and will work together to resolve various legal scenarios. Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills. E-Learning - the module will be supported with on-line learning materials. Self-Direct Independent Learning - the emphasis on independent learning will develop a strong and autonomous work and learning practices.
Module Aim: 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 should be able to:
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.
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

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
Assessment Breakdown%
Continuous Assessment100.00%
Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Other Problem/Scenario based Assessment - This will require students to apply knowledge and understanding to answer well defined and structured questions. 1,2,3,4,5 50.00 n/a
Project 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. 1,2,3,4,5 50.00 n/a
No Project
No Practical
No End of Module Formal Examination

ITCarlow reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture 12 Weeks per Stage 3.00
Estimated Learner Hours 15 Weeks per Stage 5.93
Total Hours 125.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 6 Mandatory