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Course Description

Credit Units: 4

Lecturer: Esther Aristides Hamman, LL.B (HONS) BL, LL.M, Email Id; estheraristides@gmail.com, College of Arts, Law, Administration  & Management Sciences, Department of Law, Policy & Strategic Studies

Learning Outcomes/Objectives:

  • Expected Learning Outcomes

At the end of the course, the student should be able to:

  1. Contextualize the law of trust within its historical origins
  2. Classify different forms of trusts and define their distinctive features and purposes
  3. Critically evaluate the duties, powers and liabilities of trustees
  4. Identify, assess and apply relevant statutory frameworks, common law principles, and legislative provisions to issue arising regarding the law of trust.
  5. Explain how breaches of trusts arise and identify appropriate available remedies.
  6. Summaries key argument from judicial opinion and academic writings
  7. Apply legal principle to factual issues and conclude on the merits of the case after analyzing the grievances of various parties on a particular issue.
  8. Produce structured responses with proper reference to legal authority.
  • Course Content
  1. Equitable Remedies injunctions: specific performance rescission, rectification, delivery up and cancellation of documents, account, receivership, restitution.
  2. Equitable Defense: Estopped laches and acquiescence.
  3. Appointment of Trustees: Duties and discretion of trustees, power of trustees breach of trust, retirement and removal of trustees.
  4. An outline of administration of estate.

 

  • Teaching methodologies

Lectures, case studies, seminars, tutorials and group discussions.

  • Course assessment

Continuous assessment tests, assignment, class participation, tutorials sessions, role-plays, projects and term papers will comprise 30% of the total marks at the end of the semester. Where appropriate, the proposed assessment method for the continuous assessment test/assignment may be modified to suit the course content. The other 70% of the marks will be derived from final examination offered at the end of the semester. The marks can be broken down as follows: 

Class test  10%
Written assignment  10%
Class participation 10%
Final examination 70%
  • Text books and other course material

Core texts

  • Hayton, D.J. Commentary and Cases on the Law of Trusts and Equitable Remedies (2005) Sweet & Maxwell. London.
  • Hanbury & Martin Modern Equity (17th edition, 2005) Sweet and Maxwell, London. 
  • Penner, J. E the Law of Trusts 9th Edition (Oxford: Oxford University Press, 2014).
  • Course materials

EQUITABLE REMEDIES

It is proposed to discuss the equitable remedies of rescission, delivery up and cancellation of documents and rectification since these equitable remedies are sometimes applied by the courts.

Please click on the course content tab to have access to all required materials for this course.

Legacy University COVID-19 Response

We wish you and your loved ones health and peace during these uncharted times. Our University remains open with the implementation of online classes for the 2020 academic year via our Legacy University Open eSchool (https://legacyuniversitygm.org/elearning)

For general question please email us at: info@legecyuniversitygm.org, call (+220) 507-3964 or visit the university website - https://legacyuniversitygm.org