List of Equity and Trusts Law Dissertation Topic Examples & Ideas
Aim: This research aims to explore the development of equity and trusts as separate areas of law.
Objectives:
- To understand the historical differentiation between common law and equity.
- To explain how equity emerged to overcome the limitations and formalisation of common law.
- To evaluate the effectiveness of the Judicature Acts of 1873-1875 in the process of the integration of the English legal system of law and equity.
Aim: The aim of the research is to provide a clear understanding of trust, it components, and the role it plays in the legal regulation of property relations.
Objectives:
- To define the concept of a trust and explore its three certainties, Intention, subject matter and objects.
- To examine trusts, resulting trusts, and constructive trusts.
- To assess the role of trusts in current legal systems, especially in the area of family law and business.
Aim: This research aims to examine legal duties and liability of trustees when it comes to management of a trust.
Objectives:
- To look at the legal obligations of the trustees, which are the duties of loyalty, care, and impartiality of the beneficiaries.
- To understand the legal implications of a breach of trust.
- To evaluate the extent of statutory powers and legal shield afforded to trustees under Trustee Act 2000.
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Aim: To consider the idea of fiduciary relationships most especially as to how equity directs the behaviour of fiduciaries including trustees.
Objectives:
- To understand what a fiduciary relationship means and what principles form its basis.
- To identify case law that defines when a fiduciary relationship arises.
- To examine the available remedies for breach of fiduciary duties
Aim: This research aims to analyse the principle of constructive trusts with an emphasis on those cases in which the law creates a trust in order to prevent an unjust enrichment.
Objectives:
- To describe what constructive trusts are and to assess their legal foundations.
- To analyse some of the principal decisions of the English courts regarding constructive trusts.
- To assess the comparative legal and practical position of constructive trusts as compared to express or resulting trusts.
Aim: To explore the principles of resulting trusts, which arise when legal title to property is transferred but beneficial ownership is unclear.
Objectives:
- To discuss the conditions that form resulting trusts.
- To examine the case law relating to resulting trusts.
- To evaluate the legal and pragmatic distinction between resulting trusts and constructive trusts.
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Aim: To review the concept of secret trusts, where a person can enforce a trust which is not revealed in the will.
Objectives:
- To define secret trusts and to consider why such a trust is recognised in equity after being deliberately omitted from the requirements of the formal testamentary formalities.
- To examine the differences between fully secret and half-secret trusts.
- To evaluate the challenges and criticisms of secret trusts.
Aim: To consider the legal regulation of charitable trusts with an emphasis on the public benefit requirement and types of charitable objectives.
Objectives:
- To understand the statutory meaning of charity under the Charities Act 2011.
- To examine the legal definition of ‘charitable’ and ‘non-charitable’ purposes.
- To evaluate the extent to which Charity Commission performs a regulatory function.
Aim: To understand the nature of remedies in equity and their differences from those in the law of torts and contract.
Objectives:
- To consider the concepts of injunctions and specific performance.
- To examine the equitable compensation and account of profits as remedy for breach of trust and fiduciary duties.
- To evaluate the drawbacks of the doctrine of equitable remedies.
Aim: To understand the principles of equity and whether or not they still apply to current trust law.
Objectives:
- To examine key equitable maxims, such as “Equity follows the law.”
- To determine how the courts use these maxims in applying the principles of trust law and other matters of equity.
- To assess the criticisms of equitable maxims as vague or subjective.
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