Soton Equity and Trusts - alastairhudson.com

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Outline of the module This module outline sets out the sequence of lectures in this topic. Students should be warned, however, that it is susceptible to minor change as the year progresses, particularly if there are new cases. Your own work should be dictated by the order of seminar topics as set out in the Seminar Materials pack; although the structure for lectures does compliment that for seminars. Week: Date Topic: first lecture / second lecture (approx) Seminar of lectures 1: 5 / 10 Introduction to equity / The nature of the trust & Certainty No seminar of intention 2: 12 / 10 Certainty of intention and subject matter / Certainty of No seminar subject matter 3: 19 / 10 Certainty of objects / Certainty of objects Certainty of intention and subject matter 4: 26 / 10 The beneficiary principle / The beneficiary principle - unincorporated associations Certainty of intention and subject matter 5: 2 / 11 Constitution of trusts / Constitution of trusts Certainty of objects 6: 9 / 11 Dispositions equitable interests / Duties of trustees (i) – Certainty of objects general principles & Hastings Bass 7: 16 / 11 Duties of trustees (ii) - Investment / Duties of trustees (iii) – The beneficiary principle Exclusion clauses 8: 23 / 11 Breach of trust (i) - claim / Breach of trust (ii) – remedies The beneficiary principle 9: 30 / 11 Resulting trusts (i) / Resulting trusts (ii) – illegality The constitution of trusts 10: 7 / 12 Quistclose trusts / Constructive trusts (i) – Westdeutsche The constitution of trusts Landesbank 11: 14 / 12 break Constructive trusts (ii) – secret profits / Constructive trusts (iii) – bribes, etc. Trustees’ duties and breach of trust 15: 11 / 1 Trusts of homes (i) / Trusts of homes (ii) Trustees’ duties and breach of trust 18: 1 / 2 Trusts of homes (iii) / Trusts of homes (iv) Constructive trusts 19: 8 / 2 Dishonest assistance (i) / Dishonest assistance (ii) Constructive trusts 20: 15 / 2 Unconscionable receipt (i) / Unconscionable receipt (ii) Trusts of homes 21: 22 / 2 Tracing – at common law / Tracing – in equity (i: basis of Trusts of homes claim) 22: 1 / 3 Tracing – in equity (ii: remedies) / Tracing – in equity (iii: defences) Dishonest assistance & unconscionable receipt 23: 8 / 3 Charities / Charities Dishonest assistance & unconscionable receipt 24: 15 / 3 Charities / Charities Tracing end of term 29: 19 / 4 Theoretical perspectives on trusts implied by law / Tracing Restitution of unjust enrichment 30: 26 / 4 Revision lectures Charities 31: 3 / 5 Revision lectures Charities 32: 10 / 5 No lecture No seminar 33: 17 / 5 No lecture No seminar 6
How to study for this module 1. University study and education is about developing yourself as an individual: consequently, preparing for an examination requires you to learn how you personally work best. 2. You should read in advance of lectures. You must prepare in advance of seminars so that (a) you have consulted your lecture notes, all prescribed reading and any background reading and (b) you must have prepared (ideally in writing) answers to all of the seminar questions. 3. Your seminar should be in the middle of your preparation. It is very important that as soon as practicable after your seminar that you settle your ideas for yourself (in a final set of notes or whatever works best for you), because it is after the seminar that you will understand the material best. 4. There is a lot of background reading referred to in Hudson’s textbook’s footnotes and in that textbook’s bibliography. You can find commentary and so forth from these sources, as well as in these Lecture Materials and the Seminar Materials. 5. It is not acceptable to attend seminars unprepared; nor is it acceptable to take notes from the work of other students in seminars without having prepared yourself; nor is it acceptable to plagiarise the work of other students or of other people. This module is about ethics: it also requires that you understand the ethic bound up with being part of a community of scholars. 6. You learn a lot about yourself in an intellectually demanding, technicallysophisticated, content-heavy and yet surprisingly fulfilling module such as Equity & Trusts. Your seminars are fortnightly: this does not mean that you only need to do half as much work as for a module with weekly seminars. Rather you should expect to have done between 15 and 20 hours preparation for each seminar. 7. Equity & Trusts is a complex way of thinking about and analysing factual situations and theoretical concepts. You will find that it is not simply about learning rules and regurgitating them. Rather this module is about understanding how different arguments and different conceptual models can be deployed to reach different conclusions on the same factual circumstances. These techniques take time to assimilate and so you will need to read the cases, books and articles carefully to absorb and to understand them. 8. The exam requires you not simply to record all the cases you know about. Rather the exam requires you (a) to identify the relevant issues, (b) to set out the relevant (possibly conflicting) legal principles, (c) to apply the various legal principles in a structured fashion to the facts of any given problem or to address the issues raised by an essay title, (d) to use those principles to argue your way to a conclusion (or to reflect competing conclusions), and (e) to incorporate any relevant commentary outwith the legal principles. 9. You will encounter ideas in this module which you will not necessarily understand immediately. You must read them and think about them over and over until you do. This is the character-building aspect of this module. Perseverance is how you grow, it is how you learn, it is why people study for law degrees. While the rest of the world wants things to be easier, smaller and dumber, equity is capacious, intricate and subtle. Coming to terms with this module will be an intellectual challenge for you. 7
Page 1 and 2: University of Southampton Law Schoo
Page 3 and 4: Lay-out of materials These “Lectu
Page 5: Formative assessment - (i.e. non-as
Page 9 and 10: Common law and equity were always d
Page 11 and 12: (E) The rudiments of express trusts
Page 13 and 14: Lord Browne-Wilkinson in Westdeutsc
Page 15 and 16: (2) Trusts as opposed to merely mor
Page 17 and 18: (3) after all valid claims in (2) h
Page 19 and 20: Topic 2. CERTAINTY OF OBJECTS Readi
Page 21 and 22: 10) Mechanisms for eluding the “a
Page 23 and 24: Topic 3. THE BENEFICIARY PRINCIPLE
Page 25 and 26: (C) Alternative interpretations of
Page 27 and 28: **Leahy v. Att.-Gen. for New South
Page 29 and 30: purpose of blocking the house up an
Page 31 and 32: Topic 4. THE CONSTITUTION OF TRUSTS
Page 33 and 34: Richards v. Delbridge (1874) L.R. 1
Page 35 and 36: *s. 53 (1) (b): "A declaration of t
Page 37 and 38: Topic 5. THE DUTIES OF TRUSTEES & B
Page 39 and 40: [Considered in detail in relation t
Page 41 and 42: (a) to any special knowledge or exp
Page 43 and 44: ule does not afford the right to th
Page 45 and 46: Burrell v Burrell [2005] EWHC 245,
Page 47 and 48: (F) Judicial control of trustees’
Page 49 and 50: 1) Specific Restitution Harris v Ke
Page 51 and 52: EQUITY & TRUSTS PART II TRUSTS IMPL
Page 53 and 54: Topic 6. RESULTING AND QUISTCLOSE T
Page 55 and 56: (b) (c) father and child Bennet v.
Page 57 and 58:
II. QUISTCLOSE TRUSTS Reading: Huds
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e. … other commercial-contract la
Page 61 and 62:
(c) The nature of the constructive
Page 63 and 64:
(b) where the company is a public c
Page 65 and 66:
6) Profits from theft Reading: Huds
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Topic 8. TRUSTS OF HOMES General Re
Page 69 and 70:
(5) Each case will turn on its own
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Ferguson, ‘Constructive trusts -
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*Pascoe v. Turner [1979] 2 All ER 9
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inging up the children is no doubt
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first sight this may seem surprisin
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(ii) Cases looking to the character
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*Niru Battery Manufacturing Co v Mi
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Hudson, 20.5.2. Hudson, Securities
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C. EQUITABLE TRACING Reading: Hudso
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D. REMEDIES AFTER TRACING Reading:
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e) Is change of position now equita
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2) The four heads of charity in Pem
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(c) (d) (e) Gifts for relief of dis
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(D) Advancement of education. Readi
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(H) Requirement of the exclusivity
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THEORETICAL PERSPECTIVES ON EQUITY
Page 101 and 102:
Polly Peck International v Nadir (N
Page 103 and 104:
Concepts Contract Torts Property Fi
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of what has been called unjust enri
Page 107 and 108:
actions, then the claimant should b
Page 109 and 110:
o Recovery of an enrichment will no
Page 111 and 112:
£200,000 on Static plc shares whic
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Soton Equity and Trusts - alastairhudson.com

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