Module 1 Equity and Trusts (DL501)
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1
The maxims of equity
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2
Express trusts: certainties and formalities
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3
Certainty of intention
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4
Introduction to equity and trusts
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5
The three certainties of intention
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6
Formalities to create express inter vivos trusts
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7
Constitution of express inter vivos trusts
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8
Exceptions to the rule that equity will not assist a volunteer
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9
Constitution of trusts
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10
Fixed, discretionary, vested and contingent interests
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11
Beneficial entitlement
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12
The rule in Saunders v Vautier
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13
The distinction between charitable trusts and non charitable purpose trusts
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14
Charitable trusts
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15
Non-charitable purpose trusts and the beneficiary principle
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16
How resulting trusts arise and when they are (or are not) presumed
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17
Resulting and constructive trusts
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18
Presumption of a resulting trust
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19
Establishment of a common intention
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20
Common intention: direct and indirect contributions
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21
Common intention: express declaration or agreement
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22
Requirements to establish proprietary estoppel
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23
Proprietary estoppel
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24
Recipient liability: knowing receipt
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25
Accessory liability: dishonest assistance
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26
Duty not to profit from fiduciary position
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27
Fiduciary duties
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28
Self-dealing by a fiduciary
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29
The no-conflict rule
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30
Appointment, removal and retirement of trustees
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31
Who can be a trustee
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32
Appointment, removal and retirement
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33
Trustees’ duty of care
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34
Trustees' duties and powers
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35
Trustees’ duty to invest (and powers in relation to investment)
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36
Trustees’ statutory powers of maintenance and advancement
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37
Trustees’ liability
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38
Breach of trust
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39
Breach of trust and liability
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40
Protection of trustees
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41
Limitation and delay
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42
Measure of liability
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43
Tracing
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44
Personal claims against trustees
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45
Remedies for breach of trust
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46
Personal and proprietary claims
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47
Gifts to unincorporated associations
Module Assessment
Take AssessmentModule 2 EU Law (DL502)
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48
Why a United Kingdom lawyer still studies EU law
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49
Why the European Union exists: from 1945 to the Treaty of Rome
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50
From Community to Union: Maastricht, Lisbon and what the objectives became
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51
The institutions of the European Union
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52
Voting in the Council: unanimity, qualified majority and the double majority
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53
The Court of Justice and the extent of its jurisdiction
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54
Treaties, regulations, directives and decisions
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55
The supremacy of EU law
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56
Direct effect and indirect effect
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57
Free movement of goods: the customs union and quantitative restrictions
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58
Justifying a barrier: Article 36 and the mandatory requirements
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59
Free movement of persons: workers, establishment and services
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60
Sources of retained EU law
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61
Categories status interpretation of retained EU law
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62
EU retained law in the UK constitution
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63
Modification withdrawal of retained EU law
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64
Parliamentary sovereignty and retained EU law
Module Assessment
Take AssessmentModule 3 Land Law (DL503)
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65
Distinction between real property and personal property
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66
Freehold and leasehold estates
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67
How to acquire and transfer legal and equitable estates
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68
How to acquire and dispose of legal and equitable interests in land
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69
Legal and equitable interests
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70
Methods to protect and enforce third party interests
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71
How to protect interests
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72
Different ways in which land can be held
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73
Trusts of land
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74
Legal formalities required to create and transfer interests and estates in land
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75
Registration of title to land: estates that can be substantively registered
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76
The land registration system
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77
Interests that override registration and interests that need to be protected on the register
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78
Core principles of unregistered title to land: role of title deeds
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79
Land Charges
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80
Continuing role of the doctrine of notice
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81
Unregistered land and the doctrine of notice
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82
Joint tenancy and tenancy in common
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83
Co ownership and Trusts
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84
Rule of survivorship
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85
Severance of joint tenancies
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86
Solving disagreements between co owners
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87
Essential characteristics of easements
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88
Easements
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89
Methods for creation of easements
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90
Rules for the passing of the benefit and burden of freehold covenants
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91
Restrictive covenants
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92
Covenants
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93
Modification and discharge of restrictive covenants
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94
Mortgages: enforceability of terms
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95
A lender's powers and duties
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96
Priority of mortgages
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97
Mortgages
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98
Relationship between landlord and tenant in a lease
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99
Essential characteristics of a lease including the difference between a lease and a licence
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100
Privity of contract and privity of estate
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101
Rules for the passing of the benefit and burden of leasehold covenants and enforceability
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102
Landlord and tenant covenants
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103
Purpose and effect of an alienation covenant
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104
Remedies for breach of leasehold covenants (including forfeiture)
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105
Remedies for breach of covenant
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106
Different ways a lease can be terminated
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107
Adverse possession
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108
Creation and termination of leases
Module Assessment
Take AssessmentModule 4 Law of Tort (DL504)
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109
Duty of care
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110
Breach of duty
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111
Causation and remoteness in tort
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112
Personal injury and death remedies
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113
Pure economic loss
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114
Psychiatric harm
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115
Employers' primary liability
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116
Volenti non fit injuria
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117
Contributory negligence
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118
Illegality as a defence in tort
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119
Principles of vicarious liability
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120
Duties to visitors (OLA 1957)
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121
Duties to non-visitors (OLA 1984)
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122
Occupiers' liability: defences and exclusion of liability
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123
Negligence and Consumer Protection Act 1987
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124
Public and private nuisance
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125
The rule in Rylands v Fletcher
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126
Nuisance: remedies — damages and injunctions — and defences
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127
Trespass to the person, and harassment
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128
Defamation: libel, slander and what a claimant must prove
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129
Defamation: defences and remedies
Module Assessment
Take AssessmentModule 5 Wills and Administration of Estates — additional SQE subject
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130
Will validity and interpretation
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131
Grants of representation
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132
Alterations and amendments to wills, before and after execution; use of codicils
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133
Testate and intestate succession
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134
Property passing outside the estate: joint property, life policies, pension scheme benefits, trust property
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135
Inheritance Tax
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136
Personal representatives' duties
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137
Estate administration and management
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138
Beneficiaries' rights and remedies
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139
Inheritance Act 1975 claims
Module Assessment
Take AssessmentModule 6 Business Law and Practice — additional SQE subject
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140
Business organisational characteristics
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141
Legal personality and limited liability
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142
Constitutional documents and Companies House filings
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143
Incorporation and formation procedures
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144
Finance: funding options, security types, profit distribution and accounting
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145
Finance: types of security
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146
Finance: distribution of profits and gains
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147
Finance: financial records, information and accounting requirements
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148
Corporate governance: directors and shareholders
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149
Company meetings and filing requirements
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150
Appointment and removal of directors
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151
Minority shareholder protection
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152
Partnership decision-making and partner authority
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153
Insolvency procedures
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154
Asset claw-back mechanisms
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155
Creditor distribution priority
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156
Income Tax: chargeable persons and entities — employees, sole traders, partners, shareholders, lenders and debenture holders
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157
Income Tax
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158
Income Tax: the charge to tax — calculation in each of England and Wales, and collection
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159
Income Tax: the scope of anti-avoidance provisions
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160
Capital Gains Tax
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161
Capital Gains Tax: the scope of anti-avoidance provisions
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162
Corporation Tax
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163
Corporation Tax: calculation, payment and collection of tax
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164
Corporation Tax: tax treatment of company distributions to shareholders
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165
Corporation Tax: outline of anti-avoidance legislation
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166
Value Added Tax
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167
Value Added Tax: registration requirements and issue of VAT invoices
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168
Value Added Tax: returns, payment of VAT and record keeping
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169
Inheritance Tax: business property relief
Module Assessment
Take AssessmentModule 7 Solicitors Accounts — additional SQE subject
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170
Definition of client money
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171
Definition and separation requirements
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172
Meaning and name of account
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173
Client account rules
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174
Keeping client money separate from money belonging to the authorised body
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175
Obligation not to use client account to provide banking facilities
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176
Returning client money to the client
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177
Requirement to pay client money into a client account
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178
Circumstances in which client money may be withheld from a client account
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179
Keeping client money separate
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180
Requirement to pay interest on client money
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181
Interest on client money
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182
Interest: accounting entries required
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183
Duty to correct breaches of SRA Accounts Rules promptly on discovery
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184
Key provisions and common breaches
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185
Keeping and maintaining accurate records in client ledgers
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186
Withdrawals and accounting entries required
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187
Ledger operations
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188
Receipts of client money: accounting entries required
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189
Bills and VAT: accounting entries required
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190
Billing and accounting entries
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191
Transfers
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192
Transfers: accounting entries required
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193
Submission, reduction and payment of bills including the VAT element
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194
Joint accounts and a client's own account
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195
Third-party managed accounts
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196
Accountants' reports and retention of accounting records
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197
Reconciliation and accountants' reports