Trusts 733522
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Description
The subject allows students to develop an understanding of the law of trusts, including: the concept of the trust and its contemporary applications; the distinction between trusts, trust powers and powers; a comparison of the trust with other fiduciary relationships; the principles governing the creation of express trusts; the role of public policy in the creation and enforcement of trusts; the principles governing the recognition of trusts for charitable purposes; an analysis of resulting and constructive trusts; the duties of trustees, with special reference to the duty to invest; and remedies for breach of trust, with special reference to the distinction between personal and proprietary remedies.
The subject builds on the knowledge of trusts that students will have acquired from the compulsory subjects Obligations and Property. Its emphasis is not on old Chancery traditions or the history of the trust. Instead, Trusts emphasises contemporary applications of the rules, principles and remedies surrounding the trust. Moreover, it explores issues in contemporary trusts law that are presently unresolved and the subject of contention. But it also presents its subject matter systematically, proceeding from first principles, which is not possible when dealing with trusts in subjects like Obligations and Property. As a result, it is hoped that, in addition to its primary objectives, Trusts will help students to ‘tie up loose ends’ that have emerged while thinking about trusts in Obligations and Property. Furthermore, given its subject matter, Trusts helps to prepare students for the compulsory subject Remedies and the popular optional subject Restitution.
PreRequisites
Legal Method and Reasoning, Principles of Public Law, Torts, Obligations, Dispute Resolution, Constitutional Law, Contracts, Property, Legal Theory.
