Discuss How Equity has contributed the trust and fiduciary duties to English law. The former gives a beneficiary powerful proprietary rights, while the latter punishes those in positions of power when they breach their fiduciary duties. The power to create proprietary interests needs to be strictly controlled, however, which is why it should only be available in a limited number of situations, including for breach of fiduciary duties.’
Description
Method
It is expected that you will conduct a critical analysis of the question provided and identify the key issues that it raises. The question contains a number of legal questions covering a wide breadth of knowledge from various topics across the module. This assessment does not focus on a single area of the law, but is designed to test your overall understanding of equity and the law of trusts. In particular, try to think about equity as a system of interlocking pieces, rather than a collection of individual parts. Also remember that it is not possible to cover every issue that the question raises; part of the assessment process is your ability to identify which ones you would like to discuss. It is far better to examine fewer issues in greater detail than a larger number in a superficial manner.
During the assessment period, it is important to take advantage of your supervision session as this will help guide you in your research and focus your paper. It is useful to look over the sample question, pick out the legal issues that you think are relevant, and think about how you would go about writing your paper. Remember at this time that the process is one of guidance by your supervisor, not dictation. It is not your supervisor’s role to tell you what the issues are or what you should be arguing.
Your research module will be extremely helpful with respect to your methodology.
