LAWS H3304 - Equity and Trusts 1

Module Title:Equity and Trusts 1
Language of Instruction:English
Credits: 10
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 equity applied in Ireland.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1 Discuss the origins and historical development of Equity
LO2 Comprehend and explain the principal equitable maxims and doctrines and their application in modern jurisprudence
LO3 Demonstrate a strong knowledge of the principal equitable remedies and the role of judicial discretion and critically evaluate the consequent availability of these remedies in the courts.
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
Introduction to Equity
• Historical Development • Fusion of Law and Equity • Maxims of Equity • Equitable Interests v Mere equities
Equitable Doctrines
• Equitable Estoppel • Undue Influence & Unconscionable Transactions. • Priorities and the Doctrine of Notice • Election • Satisfaction • Conversion and Re Conversion • Performance
Equitable Remedies
• Injunctions - General principles - Interlocutory Injunctions Applicability and non-applicability of Campus Oil/MSD tests, prohibitory, mandatory. - Perpetual Injunctions - Quia timet - Mareva - Anton Piller • Specific Performance – applicability to particular types of contract, defences. • Recission – grounds, loss of right, third parties. • Rectification • Tracing
Assessment Breakdown%
End of Module Formal Examination100.00%
No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Formal Exam End-of-Semester Final Examination 1,2,3,4 100.00 End-of-Semester

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 14.27
Total Hours 250.00
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 5 Mandatory