MODULE DESCRIPTION - Cardiff Law School

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Version 3 Programmes of Study For Which This Module Is Compulsory: Programmes of Study For Which This Module Is Optional: Title of Programme: Years: Title of Programme: Years: LLB Law (single honours) (all routes) F LLB Law and Criminology (Integrated honours) F LLB Law and Politics (Integrated honours) F LLB Law and Sociology (Integrated honours) F LLB Law and French (Integrated honours) F LLB Law and German (Integrated honours) F LLB Law and Welsh (Integrated honours) F Certificate in Legal Studies (Exchange) F Exchange Programme F Module to be offered on a Free-Standing basis Please identify any additional restrictions to Free-Standing status: No * Circle the most appropriate AIMS OF THE MODULE: (Aims define the broad purpose of the module) 1 to enable students to state and apply the rules of the English law of trusts dealt with in the course accurately and relevantly; 2 to enable students to make critical assessments of that law and the scholarship pertaining thereto; 3 to enable students to compare and contrast that law accurately and relevantly with the equivalent areas of any other legal system with which the student is familiar; 4 to enable students to relate that law to the particular circumstances - political, social, cultural - in which it developed. LEARNING OUTCOMES OF THE MODULE (Learning outcomes are statements of what a typical student is expected to know, understand and be able to do.) On completion of the module a student should be able to: 1 Describe, explain, analyse and evaluate the principal characteristics and concepts of the English law of trusts, relating them to their political, social, economic, and cultural context. These will include: 1.1 the distinction between common law and equity; 1.2 the equitable remedies of specific performance and injunction, including the freezing injunction and the search order; 1.3 express trusts; 1.4 implied and resulting trusts; 1.5 constructive trusts; 1.6 completely constituted and incompletely constituted trusts; 1.7 trusts of perfect and imperfect obligation; 1.8 Quistclose trusts; 1.9 discretionary and fixed-interest trusts; 1.10 public (i.e. charitable) and private trusts; 1.11 the powers and duties of trustees; 1.12 personal remedies for breach of trust; 1.13 proprietary remedies for breach of trust, including the rules of legal and equitable tracing. Knowledge and Understanding: 1 At the conclusion of these modules, students will be able to: 1.1 demonstrate a range of the subject-specific skills and perform all of the general transferable skills accurately and succinctly in lucid, reasoned prose written in English and/or Welsh. Intellectual Skills: PM005 Page 2 of 4
Version 3 1 When presented with a set of facts, a student will be able to do the following: 1.1 state correctly the legal issues which arise from those facts; 1.2 state correctly the relevant rules of the English law of trusts for resolving those issues; 1.3 cite accurately the relevant legal authorities to support the statement; 1.4 state any legal distinctions between the rules stated and the facts given; 1.5 apply the law to resolve those issues correctly and relevantly; 2 When presented with a question or statement containing a value judgement on an area of the English law of trusts, a student will be able to: 2.1 state correctly the rules of the English law of trusts which are pertinent to evaluating the proposition contained in the question or statement; 2.2 state relevant arguments for and against the proposition in an unbiased manner; 2.3 cite correctly the legal authorities and scholarly opinions which support or refute those arguments; 2.4 assess accurately the strengths and weaknesses of those arguments; 2.5 state a reasoned conclusion on those arguments. Discipline Specific (including practical) Skills: 1 The ability to analyse a set of facts to determine the legal issues raised by those facts, and to provide a reasoned analysis of the possible resolution of those legal issues. 2 The ability to discuss the arguments both for and against a contentious proposition of law, and to formulate a conclusion. Transferable Skills: 1 the presentation of a complex analysis in lucid English or Welsh. 2 the ability to appreciate different arguments on an issue and to present a reasoned conclusion. METHODS OF TEACHING AND LEARNING: 26 x 1 hour lectures 7 x 1 hour tutorials ASSESSMENT: (Description of how the assessment (both formative and summative) will enable a student to demonstrate achievement of learning outcomes) The modules will be summatively assessed by means of one two–hour written examination at the end of the course. The examination will comprise six questions, including both essays and problems. Students will be required to answer three questions, ensuring that a range of subject-specific skills, every general transferable skill, and the key skills are assessed. The formative assessments will consist of one piece of written work (either an essay or a problem) and one multiple choice test, neither of which will contribute directly to the summative assessment. The first assessment is submitted before the Christmas recess and the second, the multiple choice test, must be submitted after the Easter recess. Written feedback is provided after both. The first formative assessment may comprise a question from a previous year’s formative assessment or from a previous examination paper. Both formative assessments are intended to enable students to enhance the subject-specific, general transferable and key skills required of them in the summative assessment. Together, the assessments require students to demonstrate their abilities to describe, explain, analyse and evaluate certain of the principal institutions and areas of the English law of trusts. Formative assessments require students to conduct a limited amount of their own research. The written and oral feedback addresses their individual attainment in the areas of performance identified in the law benchmarks. Students are expected to write clear, comprehensible, grammatical and syntactically correct prose in English and/or Welsh. The first formative assessment should preferably be word-processed; the second needs to be completed and submitted electronically. PM005 Page 3 of 4
Page 1: MODULE DESCRIPTION Module Code: CL3

MODULE DESCRIPTION - Cardiff Law School

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