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) | Rebecca Lee | rebeccalee@hku.hk | CCT 603 | By email |
Course convenor (second semester) | Lusina Ho | lusinaho@hku.hk | CCT 614 | By email |
Course tutor (first and second semester) | Jason Fee | jasonfee@dvc.hk | N/A | By email |
Course tutor (first and second semester) | Zixin Jiang | zixinj@hku.hk | N/A | By email |
Course tutor (first and second semester) | Jonathan Lee | TBA | N/A | By email |
Course tutor (first and second semester) | Ken Lee | kentclee@hku.hk | N/A | By email |
Course tutor (first and second semester) | Y C Lung | TBA | N/A | By email |
Course tutor (first and second semester) | Tom Ng | ngkacheunghk@gmail.com | N/A | By email |
Course tutor (first and second semester) | Alex Yeung | alexchyeung@gmail.com | N/A | By email |
Course tutor (first and second semester) | Regina Yip | TBA | N/A | By email |
Course tutor (second semester) | Henry Chan | henrynhchan@gmail.com | N/A | By email |
Course tutor (second semester) | Hui Jing | hjing@hku.hk | CCT 606 | 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 |
Class participation in tutorials for both semesters | TBC | 20% | 5 | 1, 2, 3, 4 |
Mid-term test | 19 Dec 2024 | 30% | 1, 2, 3, 4 | |
Final in-hall exam | TBC | 50% | 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/