CourseIBL702

Week5 of 16

SemesterI

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This week’s topics

Conceptual Separation of Trust Law from Contract Law

Distinct nature of proprietary trust claims versus personal contractual rights
Circumventing privity of contract through trusts
Unilateral declarations without mutual consideration
Institutional autonomy of equity
Chapter 6 - Privity of Contract - Contract Law

What you will be able to do

2.2 Evaluate the interactions between contract law and trusts law.
2.3 Explain how trusts are not bound up with contract.

Activity

Start with this week’s video, then: Seminar, guided reading and a short written task: evaluate the interactions between contract law and trusts law.

Study materials

Videos

Chapter 6 - Privity of Contract - Contract Law · YouTube · SQE1window · 12 min · for registered students

Further resources

Contracts (Rights of Third Parties) Act 1999 · Reading · legislation.gov.uk, legislation · for registered students
Hague Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition · Reading · Hcch, legislation · for registered students
Recognition of Trusts Act 1987 · Reading · legislation.gov.uk, legislation · for registered students

Materials marked “for registered students” open in the student portal, which is set up as soon as you receive final acceptance.

Week 4 Week 6

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Admitted students ask questions on this week’s page in the student portal: an AI assistant trained on the course answers first, and during the course’s timetabled classes Connect to your tutor brings your tutor into the chat, who may start a call if needed.

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Course plan

Week 1: Foundations and Functions of Commercial Trusts
Week 2: Creation and Mechanics of Express Commercial Trusts
Week 3: Equitable Rights and Obligations of Parties
Week 4: The Interplay of Contract, Equity, and Trust Law
Week 5: Conceptual Separation of Trust Law from Contract Law
Week 6: Comparative Trustee Powers: Commercial versus Family Settin…
Week 7: Fiduciary Duties and Governance Across Trust Frameworks
Midterm: Midterm evaluation
Week 9: Trustee Liability and Risk Mitigation
Week 10: Trust Creditors and Asset Recovery
Week 11: Cross-Border and Comparative Creditor Protection
Week 12: Applying Commercial Trust Law in practice: case studies
Week 13: Assignment workshop: research, planning and referencing
Week 14: Assignment workshop: drafting, feedback and improvement
Week 15: Review and coursework completion
Final: Final assessment and submission

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