Information on this page, including unit offerings, is from the 2020 academic year.
|Organisational Unit||Law and Criminology|
|Teaching Timetables||Murdoch S2
|Description||This unit focuses upon equity's most important creation: the trust. Students will learn about express trusts, constructive trusts and resulting trusts. The primary focus will be on the creation and proper administration of express trusts. This includes consideration of trustees' duties, the remedies available for breach of trust and the process of tracing. The classes will focus upon the case law and upon the relevant statutes - the Trustees Act 1962 (WA) and Property Law Act 1969 (WA) - and their interpretation.|
|Unit Learning Outcomes||On successful completion of the unit you should be able to:
1. Demonstrate an understanding of the nature of the express trust, the resulting trust and the constructive trust and an appreciation of the similarities and the differences between each of them.
2. Correctly advise as to:
a. The manner in which an express trust is validly created;
b. Whether a given express trust has been validly created;
c. The trustee's duties, powers and rights under an express trust; and
d. The rights of the beneficiaries to an express trust: i. During the administration of the trust; and ii. Upon breach of the trust.
3. Use legal research and analytical skills to engage in debate concerning policy issues with respect to the law of trusts.
|Timetabled Learning Activities||Lectures: 2 hours per week; tutorials/workshops: 5 tutorials x 1.5 hours per tutorial.|
|Unit Learning Experiences||Lectures will provide a framework for studying the unit and a structured presentation of core content. Tutorials will provide students with an opportunity to engage collectively with topics in the unit and to test their understanding.|
|Assessment||An essay and exam, or some other combination of assessments|
|Prerequisites||Successful completion of all Part 1 units in the LLB, LLB260/LAW260 Contract, and LLB251 Equity|
|Exclusions||Students who have successfully completed LAW351 Equity and Trust may not enrol in this unit for credit.|
|Appears in these Courses/Majors:
see individual structures for context
|Internet Access Requirements||Murdoch units normally include an online component comprising materials, discussions, lecture recordings and assessment activities. All students, regardless of their location or mode of study, need to have access to and be able to use computing devices with browsing capability and a connection to the Internet via Broadband (Cable, ADSL or Mobile) or Wireless. The Internet connection should be readily available and allow large amounts of data to be streamed or downloaded (approximately 100MB per lecture recording). Students also need to be able to enter into online discussions and submit assignments online.|