equity and trusts

THE BRIEF   (subject to External Examiner approval)

With reference to case law explain the problem of failed gifts and how the courts have developed an equitable response in some cases by construing them as an intention to create a trust.

This work test Learning Outcomes 1,2,3 and 4.

This work will be marked based on the University’s generic marking criteria for Level 5, as set out on Brightspace.

This is an individual piece of work.

Guidance: You will want to be clear about the difference between a promise to make a gift and the creation of a valid trust and be able to explain the implications of both. You will then want to look at the case law in this area and, in particular, the line of authority that runs from Milroy v Lord (1862) 4 De GF & J 264. Your research will involve black letter law analysis and this means that you will read the judgments in this line of authority and refer to those judgments. This will give you much more in relation to legal reasoning than simply reading textbooks. It is the reasoning that the courts have employed that you will want to include in your essay but remember to keep direct quotes to a limited level.

SUBMISSION DETAILS


Submit as via turnitin.

Assignments must be word processed using 1.5 spacing and in font size 12, with correct grammar, punctuation and spelling.  Please answer in an essay style and include a bibliography.  Marks are awarded for overall presentation.  The assignment will be a maximum of 1500 words in length including quotations, BUT excluding footnotes, appendices and the bibliography. 

Assignments that exceed the maximum word count will be penalised by 5 marks.

The student is required to state the word count on both the assignment report and on the last page of the assignment (i.e. the last page of the main body of work before any appendices, bibliography etc.).  If the word count is incorrect this will be regarded as an ASSESSMENT OFFENCE.  The word count may be verified by the marking tutor.

The student is required to keep an electronic copy of the assignment in WORD COMPATIBLE format and submit this to the marking tutor or course administrator when randomly requested to do so.

For further details of the assignment regime, you should refer to the Assessment Regulations.  Please take special account of the assessment offences rules.  You are also referred to the notes about submission of assignments.


Footnoting should be mainly concerned with references.  You will be penalised if you fail to reference your work and to give full and proper citations of all authorities cited (eg cases, statutes, books, journals, Command or Parliamentary Papers etc.).  You are required to use the BU Law Department’s referencing system OSCOLA. This is found in ‘Citing References: Law’ which is on the MyBU/Library/Law Resources.

You may also use footnotes for further interesting points, but make sure the main points of your argument remain in the main text, which is the marker’s main focus.

The student is required to keep an electronic copy of the assignment in WORD COMPATIBLE format and submit this to the marking tutor or course administrator when randomly requested to do so.

PLAGIARISM or COPYING is a serious academic offence and may incur severe penalties beyond a Fail Grade. Bournemouth University reserves the right to use electronic or any other means to identify plagiarism. 

For further details of the assignment regime, you should refer to the Assessment Regulations.  Please take special account of the assessment offences rules.  You are also referred to the notes about submission of assignments.

DEADLINE

Midday on 12th November 2020 via TURNITIN only

Please note that this is the final time you can submit – not the time to submit!

Your feedback and mark for this assignment will be provided on 4th January 2021.

HELP AND SUPPORT

The assignment topic will be discussed in lectures and seminars rather than individual answers to specific questions.

  • Plagiarism and Self-Plagiarism: You must acknowledge your source every time you refer to others’ work or work that you have previously submitted and been assessed on, using the OSCOLA Referencing system. Failure to do so amounts to plagiarism or self-plagiarism   which is against University regulations. Please refer to  http://www.bournemouth.ac.uk/library/how-to/plagiarism.html for further details of this and to http://www.bournemouth.ac.uk/library/how-to/citing-refs-oscola.html for the University’s guide to citation in the Oscola style.
  • Students with Additional Learning Needs may contact Learning Support on http://studentportal.bournemouth.ac.uk/learning/als/index.html
  • General academic support is available via the Academic Skills community on myBU.
  • Additional support for FMC students only is provided by a small team of Learning Development Tutors.  Please contact FMCLearningDevelopmentTeam@bournemouth.ac.uk  to make an appointment. 
  • If you have any valid mitigating circumstances that mean you cannot meet an assignment submission deadline and you wish to request an extension, you will need to complete and submit the Mitigating Circumstances Form for consideration to your Programme/Framework Administrator together with appropriate supporting evidence (e.g., GP note) normally before the coursework deadline. Further details on the procedure and the mitigating circumstances form can be found at www.bournemouth.ac.uk/student/mitigating. Please make sure you read these documents carefully before submitting anything for consideration.

Disclaimer: The information provided in this assignment brief is correct at time of publication. In the unlikely event that any changes are deemed necessary, they will be communicated clearly via e-mail and myBU and a new version of this assignment brief will be circulated.

Version: 1

(Updated July 2015)

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