Faculty of Business and Law
Assignment Brief Mode E and R Regulations
| Module Title: | Equity & Trusts | Assignment Number | 2/2 (Resit) | |
| Module Code: | Assignment Title | Coursework 2 | ||
| Module Leader: | Assignment Weighting | 10 credits | ||
| Release Date: | 31/5/2023 | |||
| Submission Date/Time: | ||||
| Submission Time and Place: | Submission through Turnitin ONLY |
Assessment Information
This assignment is an individual assignment. It requires you to write an answer to ONE of the following questions. Answer EITHER A OR B.
A
A wealthy testator’s will contains the following instructions to her trustees:
- £50,000 to support food banks in Leamington Spa and to campaign for lower food prices.
- £1,800,000 to provide a rest and recuperation centre for law lecturers and to set up a home for poor retired lecturers from Coventry University.
- To provide funds for the vaccination against shingles of old people living in Rugby, provided that only those of the Jewish faith shall benefit.
- £750,000 for the purpose of researching into the hibernation habits of bats in the Scilly Isles.
- Any funds remaining after the fulfilment of these purposes to be used for such charitable or benevolent purposes as the Testator’s Trustees may select.
Advise the trustees as to the validity of the above dispositions and, in the event that any of them are invalid, what they should do with the funds.
[100 MARKS]
B
“In determining whether a constructive trust has been created, the fundamental question is whether the conscience of the recipient is bound in such a way as to justify equity in imposing a trust upon him.” (Sir Robert Megarry V-C in Re Montagu’s ST [1987] Ch 264 at p. 273)
Consider critically whether this statement accurately reflects the modern state of the law on Constructive Trusts, in the light of recent case-law.
[100 MARKS]
Criteria for Assessment
The University’s Undergraduate Assessment Criteria will be used. In particular, importance will be attached to the following:
- Clear and coherent writing style;
- Ability to address and answer the issues that are raised in the question;
- Appropriate use of references and citations, where necessary;
- Ability to recognise and explain relevant concepts;
- Ability to analyse and apply the relevant law and legal arguments in coming to conclusions
This assignment is designed to assess the following learning outcomes (1, 3, 4 and 5):
- Evaluate the varied contexts in which the trust concept operates.
- Appreciate the application of equitable principles and statutory provisions in relation to the administration of trusts.
- Evaluate and rationalise the relevant equitable remedies for breach of trust.
- Evaluate and apply knowledge of substantive principles to solve problems involving express or implied trust, including independently accessing new information using research skills.
Word Count
The word count is 1,750.
There will be a penalty of a deduction of 10% of the mark (after internal moderation) for work exceeding the word limit by 10% or more.
The word limit includes quotations and citations, but excludes the references list and footnotes that contain references and citations.
How to submit your assessment
The assessment must be submitted. No paper copies are required. You can access the submission link through the module web.
- Your coursework will be given a zero mark if you do not submit a copy through Turnitin. Please take care to ensure that you have fully submitted your work.
- Please ensure that you have submitted your work using the correct file format, unreadable files will receive a mark of zero. The Faculty accepts Microsoft Office and PDF documents, unless otherwise advised by the module leader.
- All work submitted after the submission deadline without a valid and approved reason (see below) will be given a mark of zero.
- The University wants you to do your best. However we know that sometimes events happen which mean that you can’t submit your coursework by the deadline – these events should be beyond your control and not easy to predict. If this happens, you can apply for an extension to your deadline for up to 5 working days, or if you need longer, you can apply for a deferral, which takes you to the next assessment period (for example, to the resit period following the main Assessment Boards). You must apply before the deadline.
You will find information about the process and what is or is not considered to be an event beyond your control at https://share.coventry.ac.uk/students/Registry/Pages/Deferrals-and-Extension.aspx
- Students MUST keep a copy and/or an electronic file of their assignment.
- Checks will be made on your work using anti-plagiarism software and approved plagiarism checking websites.
GUIDELINES AND BACKGROUND TO THIS ASSIGNMENT
Plagiarism
As part of your study you will be involved in carrying out research and using this when writing up your coursework. It is important that you correctly acknowledge someone else’s writing, thoughts or ideas and that you do not attempt to pass this off as your own work. Doing so is known as plagiarism. It is not acceptable to copy from another source without acknowledging that it is someone else’s writing or thinking. This includes using paraphrasing as well as direct quotations. You are expected to correctly cite and reference the works of others. The Centre for Academic Writing provides documents to help you get this right. You can also check your understanding of academic conduct by completing the Good Academic Practice quiz.
Self-plagiarism or reuse of work previously submitted
You must not submit work for assessment that you have already submitted (partially or in full), either for your current course or for another qualification of this and any other university, unless this is specifically provided for in your assignment brief or specific course or module information. Where earlier work by you is citable, ie. it has already been published/submitted, you must reference it clearly. Identical pieces of work submitted concurrently will also be considered to be self-plagiarism. Self-plagiarism is unacceptable because you cannot gain credit for the same work twice.
The University VLE includes a plagiarism detection system and assessors are experienced enough to recognise plagiarism when it occurs. Copying another student’s work, using previous work of your own or copying large sections from a book or the internet are examples of plagiarism and carry serious consequences. If you are a business student and joined Coventry University in September 2020 or later please use APA 7th edition referencing, if you joined prior to this date you may use APA or the existing Harvard Reference Style (Coventry version) that you are familiar with. Law students should use OSCOLA. Please be consistent in the referencing style that you use and use it correctly to avoid a case of plagiarism or cheating being brought. If you are unsure, please contact the Centre for Academic Writing, your Progress Coach or a member of the course team.
Return of Marked Work
You can expect to have marked work returned to you 15 working days following the submission date. If for any reason there is a delay you will be kept informed. Marks and feedback will be provided online. As always, marks will have been internally moderated only, and will therefore be provisional; your mark will be formally agreed later in the year once the external examiner has completed his / her review.
