Instructor(s): Jim Phillips

For graduate students, the course number is LAW2058H.

Note: The Quercus program will be used for this course. Students must self-enrol in Quercus as soon as confirmed in the course in order to obtain course information.

The trust has been described by one illustrious legal scholar as "the greatest and most distinctive achievementin the field of jurisprudence." The trust is a creation of the branch of English-derived jurisprudence known as Equity. The course offers an opportunity to increase understanding of the nature of Equity, operating as a supplement to the common law.

This course will examine the basic concepts of the trust, its essential elements, and the practical consequences of failure to ensure that all essential elements are in place. The course will also study selected aspects of the administration of a trust as an ongoing institution.

The trust has practical application in every field of applied law. For reasons of convenience, most of the examples which we will study will be drawn from the area of "personal trusts", that is, situations where the creator of the trust is employing the institution to make economic provision for persons or causes which he or she cares about. The student should remember that the principles derived from these cases have equal application in the more complex "business" uses of the trust as well.

Evaluation
There will be a final examination, which may be done as an open book 3-hour examination, to be scheduled during the official examination period, or as a 10-12 hour take home examination, to be done the same day as the 3-hour examination. Note: The default mode of evaluation for this course is a 3-hour exam. Students who plan to write a take home exam must notify the Records Office by March 1.

At a Glance

Second Term
Credits
4
Hours
4

Enrolment

Maximum
80
78 JD
2 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 10:30 - 12:20
W: 10:30 - 12:20