Advise Celes on what grounds she could claim a half-share in the house and whether she is likely to be successful under the rules of implied trusts (examining both resulting and constructive trusts rules) and if any remedies may be available to her.

Public law and Equity and Trust

Farage and Celes
Farage and his partner, Celes, have recently separated; they were not married. Farage is seeking advice on the following matter. In 2010, Farage decided to buy a house. Originally, Farage and Celes
planned to buy the house in joint names, but the mortgage lender would not accept Celes as a party to the mortgage, because she had a poor credit score.

They decided that the house would have to be purchased in Farage’s sole name, but he said that he would always treat it as Celes’ home as well. The purchase price was £200,000. Farage provided a
deposit of £10,000. The mortgage loan covered the rest of the price. Celes paid for some furniture from her savings. Farage and Celes have lived there ever since. Farage paid the monthly mortgage
repayments.

They opened a joint account, into which they both paid a monthly sum; Farage contributed £700 every month and Celes paid in £1,000 a month. The regular household outgoings have been paid by direct
debit out of the joint account. The house is still registered in Farage’s sole name and he claims that Celes has no interest in the house. Celes maintains that she has a half-share.


Task

Advise Celes on what grounds she could claim a halfshare in the house and whether she is likely to be successful under the rules of implied trusts (examining both resulting and constructive trusts rules) and if any remedies may be available to her.
Support all discussions with relevant authorities.

Assessment Brief 2
(Resubmission)

Equity and Trusts

LSBM319

Assessment Brief: LSBM319 202122 Page 1
Index

1. Module Details 2

2. Assessment Structure 2

3. Assessment 2 (Resubmission) Details 2

3.1 Task 2

3.2 Submission requirements 3

4. Learning Outcomes for the assessment 4

Appendix 1: Submission Checklist 5

Appendix 2: Declaration of Authorship 6

Appendix 3: Use of external editorial or proofreading services 7

Appendix 4 8

Extensions and Mitigating Circumstances 8

Word Limits 8

Assessment Brief: LSBM319 2021-22 Page 2
1. Module Details

Module Name:
usts
Module Code:
19
Level
6
Credit Value
30
Module Leader:
iri
Academic Year
2021-22
2. Assessment Structure

Item of Assessment
Problem Question
Weighting
This assessment is worth 60% of the module grade
Word Limit
3,000 words
Resubmission Deadline
Friday 6 May 2022, 3pm
Acceptable Formats for
Submission
Microsoft Word
Feedback and
Provisional Grade1

Feedback and provisional grades will normally be due 20
working days after the submission deadline

3. Assessment 2 (Re-submission) Details

Only use this brief if you received a G or a H grade for your first sit opportunity.

3.1 Task

Farage and his partner, Celes, have recently separated; they were not married. Farage is seeking
advice on the following matter. In 2010, Farage decided to buy a house. Originally, Farage and Celes
planned to buy the house in joint names, but the mortgage lender would not accept Celes as a party to
the mortgage, because she had a poor credit score.

They decided that the house would have to be purchased in Farage’s sole name, but he said that he
would always treat it as Celes’ home as well. The purchase price was £200,000. Farage provided a
deposit of £10,000. The mortgage loan covered the rest of the price. Celes paid for some furniture from
her savings. Farage and Celes have lived there ever since. Farage paid the monthly mortgage
repayments.

They opened a joint account, into which they both paid a monthly sum; Farage contributed £700 every
month and Celes paid in £1,000 a month. The regular household outgoings have been paid by direct
debit out of the joint account. The house is still registered in Farage’s sole name and he claims that
Celes has no interest in the house. Celes maintains that she has a half-share.

1 The grade is provisional until confirmed by the relevant assessment board(s). Your work will be marked in grades
rather than percentages. This is considered to deliver the most accurate and fair outcomes for students. Each
assessment that you undertake will be assessed using the common grading system. Information about the grading
system can be found in your Student Handbook, Section 10.

The Grade Criteria can be found in Appendix C of your Student Handbook.

Assessment Brief: LSBM319 202122 Page 3
Task

Advise Celes on what grounds she could claim a halfshare in the house and whether she is
likely to be successful under the rules of implied trusts (examining both resulting and
constructive trusts rules) and if any remedies may be available to her. Support all discussions
with relevant authorities.

3.2 Submission requirements

You must submit your assignment by using the Turnitin gateway in the module’s Canvas site.

Please Note: When you submit you will be asked to confirm you have referred to the Submission
Checklist (see Appendix 1) and the act of submitting your work electronically will be taken as an
acceptance of the Declaration of Authorship (see Appendix 2).

Assessment Brief: LSBM319 202122 Page 4
4. Learning Outcomes for the assessment

This item of assessment covers the following learning outcomes. For the full list of learning outcomes
for the module, please refer to the Module Study Guide.

Demonstrate a systematic, contextual and critical knowledge and understanding of
the key theories, concepts and principles of Equity and Trusts.

Critically understand the limitations of current law and proposals for reform.

Consolidate skills of independent research, enquiry, analysis, synthesis and convey
complex information from a wide range of sources.

Reflect on and evaluate equitable concepts, doctrines, interests and remedies.

Critically analyse the importance of formality requirements and distinguish between
legal and equitable interests.

Identify and categorise trusts, and critically evaluate the requirements for a valid
trust.

Critically analyse the rules applying to the creation and operation of trusts.

Consolidate essay writing skills to devise and sustain arguments in order to
construct wellstructured and balanced legal reasoning (C1 and C2).

Consolidate legal problemsolving skills to identify the relevant issues and apply
relevant principles to solve a complex problem question (C1, C2, C3, C5 and C6).

Assessment Brief: LSBM319 202122 Page 5
Appendix 1: Submission Checklist

1. Have you checked Canvas messages/announcements for any additional/final details of the
assessment?

2. Are you submitting in the correct submission area e.g. if it is a resubmission of your
second assignment it should be ‘AS2R’?

3. Make sure you are submitting the correct final version of your work.

4. Have you kept to the word limit? Remember, anything greater than 10% above the word
count will not be marked.

5. Have you addressed the assessment requirements as outlined in the Assessment Brief?

6. Have you spell checked and proofread your work?

7. Is your work formatted correctly and consistently?

8. Are you submitting a document in the correct format?

9. Is your work written in an appropriate academic style?

10. Have you checked your citations and Reference List/Bibliography?

11. Have you submitted your work to get a similarity report to check you have paraphrased where
required?

12. Have you read the Declaration of Authorship (Appendix 2)?

Assessment Brief 2
(Resubmission)

Equity and Trusts

LSBM319

Assessment Brief: LSBM319 202122 Page 1
Index

1. Module Details 2

2. Assessment Structure 2

3. Assessment 2 (Resubmission) Details 2

3.1 Task 2

3.2 Submission requirements 3

4. Learning Outcomes for the assessment 4

Appendix 1: Submission Checklist 5

Appendix 2: Declaration of Authorship 6

Appendix 3: Use of external editorial or proofreading services 7

Appendix 4 8

Extensions and Mitigating Circumstances 8

Word Limits 8

Assessment Brief: LSBM319 2021-22 Page 2
1. Module Details

Module Name:
usts
Module Code:
19
Level
6
Credit Value
30
Module Leader:
iri
Academic Year
2021-22
2. Assessment Structure

Item of Assessment
Problem Question
Weighting
This assessment is worth 60% of the module grade
Word Limit
3,000 words
Resubmission Deadline
Friday 6 May 2022, 3pm
Acceptable Formats for
Submission
Microsoft Word
Feedback and
Provisional Grade1

Feedback and provisional grades will normally be due 20
working days after the submission deadline

3. Assessment 2 (Re-submission) Details

Only use this brief if you received a G or a H grade for your first sit opportunity.

3.1 Task

Farage and his partner, Celes, have recently separated; they were not married. Farage is seeking
advice on the following matter. In 2010, Farage decided to buy a house. Originally, Farage and Celes
planned to buy the house in joint names, but the mortgage lender would not accept Celes as a party to
the mortgage, because she had a poor credit score.

They decided that the house would have to be purchased in Farage’s sole name, but he said that he
would always treat it as Celes’ home as well. The purchase price was £200,000. Farage provided a
deposit of £10,000. The mortgage loan covered the rest of the price. Celes paid for some furniture from
her savings. Farage and Celes have lived there ever since. Farage paid the monthly mortgage
repayments.

They opened a joint account, into which they both paid a monthly sum; Farage contributed £700 every
month and Celes paid in £1,000 a month. The regular household outgoings have been paid by direct
debit out of the joint account. The house is still registered in Farage’s sole name and he claims that
Celes has no interest in the house. Celes maintains that she has a half-share.

1 The grade is provisional until confirmed by the relevant assessment board(s). Your work will be marked in grades
rather than percentages. This is considered to deliver the most accurate and fair outcomes for students. Each
assessment that you undertake will be assessed using the common grading system. Information about the grading
system can be found in your Student Handbook, Section 10.

The Grade Criteria can be found in Appendix C of your Student Handbook.

Assessment Brief: LSBM319 202122 Page 3
Task

Advise Celes on what grounds she could claim a halfshare in the house and whether she is
likely to be successful under the rules of implied trusts (examining both resulting and
constructive trusts rules) and if any remedies may be available to her. Support all discussions
with relevant authorities.

3.2 Submission requirements

You must submit your assignment by using the Turnitin gateway in the module’s Canvas site.

Please Note: When you submit you will be asked to confirm you have referred to the Submission
Checklist (see Appendix 1) and the act of submitting your work electronically will be taken as an
acceptance of the Declaration of Authorship (see Appendix 2).

Assessment Brief: LSBM319 202122 Page 4
4. Learning Outcomes for the assessment

This item of assessment covers the following learning outcomes. For the full list of learning outcomes
for the module, please refer to the Module Study Guide.

Demonstrate a systematic, contextual and critical knowledge and understanding of
the key theories, concepts and principles of Equity and Trusts.

Critically understand the limitations of current law and proposals for reform.

Consolidate skills of independent research, enquiry, analysis, synthesis and convey
complex information from a wide range of sources.

Reflect on and evaluate equitable concepts, doctrines, interests and remedies.

Critically analyse the importance of formality requirements and distinguish between
legal and equitable interests.

Identify and categorise trusts, and critically evaluate the requirements for a valid
trust.

Critically analyse the rules applying to the creation and operation of trusts.

Consolidate essay writing skills to devise and sustain arguments in order to
construct wellstructured and balanced legal reasoning (C1 and C2).

Consolidate legal problemsolving skills to identify the relevant issues and apply
relevant principles to solve a complex problem question (C1, C2, C3, C5 and C6).

Assessment Brief: LSBM319 202122 Page 5
Appendix 1: Submission Checklist

1. Have you checked Canvas messages/announcements for any additional/final details of the
assessment?

2. Are you submitting in the correct submission area e.g. if it is a resubmission of your
second assignment it should be ‘AS2R’?

3. Make sure you are submitting the correct final version of your work.

4. Have you kept to the word limit? Remember, anything greater than 10% above the word
count will not be marked.

5. Have you addressed the assessment requirements as outlined in the Assessment Brief?

6. Have you spell checked and proofread your work?

7. Is your work formatted correctly and consistently?

8. Are you submitting a document in the correct format?

9. Is your work written in an appropriate academic style?

10. Have you checked your citations and Reference List/Bibliography?

11. Have you submitted your work to get a similarity report to check you have paraphrased where
required?

12. Have you read the Declaration of Authorship (Appendix 2)?

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