LLAW3094 & LLAW3095

General Course Information

1.1 Course details

Course code: LLAW3094 & 3095
Course name: Equity and Trusts I & II
Programme offered under: LLB Programme
Semester: Full year
Designated research course: Not applicable
Specialization: Not applicable
Prerequisites / Co-requisites: Prerequisite: Law of Contract I & II
Co-requisite: Land Law I & II
Course offered to non-law students: No
Credit point value: 6 credits + 6 credits

1.2 Course description

History and nature of equity; equitable obligations (fiduciary obligations, breach of confidence other than trade secrets); equitable remedies (account, rescission, compensation, Lord Cairns’ Act, injunction). History and nature of trusts; creation of express trusts (the three certainties, formal requirements, constitution of trusts); offshore trusts; pension trusts in Hong Kong; administration of trusts; variation of trusts; the duties of trustees and rights of beneficiaries; liability for breach of trust, personal and proprietary; resulting and constructive trusts.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor (first  semester) / tutor (first semester) Ken Lee kentclee@hku.hk N/A By email
Course convenor (second semester) / tutor (second semester) Rebecca Lee rebeccalee@hku.hk CCT 603 By email
Course tutor (first and second semester) Henry Chan henrynhchan@gmail.com N/A By email
Course tutor (first and second semester) Victor Lui vlui@templechambers.com N/A By email
Course tutor (first and second semester) Tom Ng ngkacheunghk@gmail.com N/A By email
Course tutor (second semester) Alex Yeung alexchyeung@gmail.com N/A By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Knowledge: by the end of the course, students should be able to demonstrate a solid understanding of the principles of Equity and Trusts: quity: Equity is a vast subject and has made important contributions to common (as opposed to statutory) law in the following ways: (a) ameliorating the harshness of the common law see your Contract Law materials; (b) creating property rights see your Property Law materials; and (c) developing rules to protect the reposition of trust and confidence on somebody see this course, and especially the content of the fiduciary duty and remedies for its breach.Trusts are a subset of Equity. It deals with the specific situation when trust and confidence is reposed to another person with respect to a piece of property. Special rules are developed as to the creation of a trust, the content of a trustee duties, and remedies for breach of trust.Students should be skilled in reading Equity & Trusts cases, and be able to critically assess the reasoning and conclusion of the cases

CLO 2 Problem-solving skills: By the end of the course, students will have had some practice in applying the law to the facts, which involves identifying the relevant law for a given factual scenario, applying it to the facts, and distinguishing precedents on material grounds.

CLO 3 Critically thinking skills: By the end of the course, students will have been given opportunities to analyse and critique the principles and process of developing the law of equity and trusts.

CLO 4 Presentation skills: By the end of the course, students will have been given opportunities to present effectively legal arguments, both orally and in writing.

2.2 LLB Programme Learning Outcomes (PLOs)

Please refer to the following link: https://course.law.hku.hk/llb-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Tutorial Assignments and class participation for both semesters TBA 20% 5 1, 2, 3, 4
Final exam TBA 80% 1 1, 2, 3, 4
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Lecture: 2 hours / week for both semesters
Tutorial: 4-5 double-hour tutorials per semester
Private study time: 9.5 hours / week for both semesters

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by course convenor(s).

Learning Resources

5.1 Resources

Reading materials: Additional reading materials will be posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/