Course Title: Law of Equity; PPL.403 (4 credits; Compulsory)

Transcription

1 Course Title: Law of Equity; PPL.403 (4 credits; Compulsory) Lecturers: Mr. O.S. Afolabi* Mr. B.L. Ijaiya** Mrs. F.F. Abdulrazaq*** Title and Qualification: * Lecturer I; LL.B (Hons) Ife, B.L, LL.M (Abu) MBA (Unilorin) ** Lecturer I; LL.B (Hons) Unimaid, BL, LL.M *** Lecturer I; LL.B (Hons) Unimaid, B.L, LL.M (OAU) Department of Private and Property Law, Faculty of Law, University of Ilorin, Ilorin, Nigeria. * osafolabi2000@yahoo.co.uk ** ijaiya.bl@unilorin.edu.ng, lekebash2003@yahoo.com Office Location: * Room G4, Wing 2 (Old Complex), Faculty of Law * Room G6, Wing 2 (Old Complex), Faculty of Law * Room G7, Wing 2 (Old Complex), Faculty of Law Consultation Hours: * Mondays, Wednesdays and Thursdays Courseware prepared by: Mr. O.S. Afolabi, Mr. B.L. Ijaiya and Mrs. F.F. Abdulrazaq Course Contents: General Principles of Equity: Nature, doctrine and history of equity, its development in England and its introduction to Nigeria; the relationship between Equity and Common Law; conflict between Equity and Common Law; maxims of equity; nature of equitable rights and interest; priorities; assignment of chose in action; conversion; election; satisfaction. 1

2 Equitable Remedies: Injunction, specific performance, rescission; rectification, delivery up and cancellation of documents, account; receivership; restitution etc Equitable Defence: Estoppel, laches and acquiescence Exclusion of Foreign Law/State Laws, characterization; Domicile and Nationality Course Description: The course focuses on the nature, origin and the reception of Equity. Students are exposed to the evolution of the doctrine of equity in England and its reception in Nigeria. The general objective of the course is to let the students appreciate the important role that equity had played in our legal system: students are expected to know from the onset that equity had not come to override the common law but to complement it. In this regard students are to be well exposed to the Relation between law and equity, the equitable maxims, Effects to Judicature Act, the nature of equitable interest, the distinction between equitable interest and legal interest, Doctrine of Notices, Priorities and Assignment of chooses in action. Justification: It is important for students to be able to distinguish between the general notion of equity which refers to fairness from the technical meaning which emanated from the doctrine, of equity evolved by the court of chancery to ameliorate the rigidity of common law. The rationale for the course apart from being one of the compulsory courses, it is so fundamental to dispensation of justice in any legal system. Course Objective: The main objective is to introduce students to the reason for the evolution of equity jurisdiction and its role in any legal system. It is expected that at the end of the course, students should be able to: 2

3 * Explain the meaning of equity (both in its general form and the technical meaning of the doctrine). * Explain the origin, nature and reception of equity. * Discuss effectively the role of equity and its contribution in a legal system. * Discuss effectively the maxims of equity and their application to given situations. * Explain the distinction between equitable interest and legal interest, the priority rules and the nature of Assignment of chooses in action. Course Requirement: Every student is mandated to participate actively in class, group discussion and study groups activities. All students are expected to carry out research in the library and or on the internet. Method of Grading: NO. TYPES SCORE % 1 Attendance, Assignment and Test 30% 2 Examination 70% 3 Total Score 100 Week 1: The definition and meaning of Equity; Nature, doctrine and history of equity; its development in England and its introduction to Nigeria. Objective: To give the students a general knowledge of the evolution of the doctrine of equity in England and its reception to Nigeria. 1. Define Equity and show its relevance in a legal system. 2. Trace the evolution of equity and its reception in Nigeria. 3

4 * Snell on Principles of Equity. * M.I. Jegede, principles of Equity Reprint * J.O. Fabunmi, Equity & Trust in Nigeria University of Ife, Press Ltd. * Chijioke Ikpo: Issues and principles in Equity (2003). * Kodilinye G. An introduction to equity in Nigeria Spectrum law publishing, Reprint (1992). Week 2: The relationship between Equity and Common Law, conflict between equity and customary law. Objective: To let the students know that equity has not come to wage war with common law but to complement it. 1. How would you describe the relationship between law and equity at the early stage of the evolution of equity? 2. What is the current relationship between equity and law in a legal system? Same as in week one Week 3: Topic: The Judicature Act Objective: To enable students appreciate that the cat and mouse relationship between equity and common law came to a crescendo in the middle of 19th century leading to the setting up of various Royal commissions to resolve the conflict. One of such commission resulted into the promulgation of the Judicature Act

5 1. Would you agree that the provision of the Judicature Act finally resolved the conflict between common law and equity? 2. Was the judicature Act intended to fuse the jurisdictions of common law and equity? Week 4: Topic: Nature of Equitable rights and interests; the rules of priorities competing interests Objective: The objective here is to enable students be able to distinguish between equitable interests and legal interests in property. Also to explain to them the applicable rules of determining priority of interests whenever there is competition between equitable interests and legal interests. 1. Explain the rationale for referring to legal interest in property as right in rem and equitable interests as right in personam? 2. What is the relevance of the distinction between equitable interest and legal interests in equity? 3. Mention the major rules for determining priority of interests? Are those rules sacrosanct?. Weeks 5 & 6: Topic: Assignment of choses in action, nature of assignment, distinction between novation and assignment; statutory assignment. Objective: To let students know that a chose in action is a personal right that which can only be enforced by instituting legal proceedings and not by taking physical possession. Also, that choses can either be equitable or legal. Students will be exposed to the manner in which a chose could be assigned just like the physical property. 5

6 1. What is a chose action 2. Explain the difference between assignability of a chose under common law and in equity? 3. What is the difference between Assignment and novation? 4. Mention certain choses that are unassignable. Same as week 1. Week 7: Topic: The evolution and Development of maxims Objectives: To enable students appreciate the evolution of maxims in equity as well as types of maxims. Descriptions: First 2 Hours - The historical background of equitable court. Second 2 Hours - Interactive session between the students and the lecturer on the evolution of maxims. 1. Define what is maxim. 2. Distinguish between equity court and house of Lords 3. Differentiate between equitable relief and legal relief. 4. What is the form of administration of justice before equity came into existence. 5. What is the purport of the introduction of equitable court. Jegede M.I. (1999) Lagos law of trust, Bankruptcy and Administration of estate: misprofessional publishers. 6

7 Adigun O. (2003) Cases and Text equity, Trust and Administration of estate Lagos mabrochi international Books. Fabunmi J.O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing. Kodinlinye (1990) An Introduction of Equity in Nigeria: Spectrum Law Publishing. Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed.(r.e. Meggary & P.V. Baker London, Sweet & Maxwell. Week 8: Topic: The Description of equitable maxims. Objectives: To enable student identify different types of equitable maxims and its importance. Descriptions: First 2 Hours - The description of maxim. Second 2 Hours - Justification of maxim under the law. 1. How many maxims were formulated by the equitable court? 2. What is the significance of the maxim Delay defeats equity? 3. What is the significance of maxim equity acts in personam? 4. What do you understand by concurrent jurisdiction? 5. What is the basis of the maxim that he who comes to equity must come with clean hands? Jegede M.I. (1999) Lagos law of trust, Bankruptcy and Administration of estate: misprofessional publishers. Adigun O. (2003) Cases and Text equity, Trust and Administration of estate Lagos mabrochi international Books. 7

8 Fabunmi J.O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing. Kodinlinye (1990) An Introduction of Equity in Nigeria: Spectrum Law Publishing. Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed.(r.e. Meggary & P.V. Baker London, Sweet & Maxwell. Week 9: Topic: The applicability of maxims under the Nigeria legal system. Objectives: To enable the student to appreciate the applicability of maxim by the court of law and to demonstrate instances where courts evoke the equitable remedies. Descriptions: First 2 Hours - Applicability of the maxim in land matters and Estate and contractual obligation. Second 2 Hours - Exposition of case laws vis-à-vis maxims. 1. Which court has jurisdiction to determine an equitable cases. 2. What is an equitable remedy? 3. On what ground will the court refuse and equitable relief to a plaintiff. 4. Discuss the ratio in the case of Agaran Olushi. 5. What is the doctrine of equal Division? Jegede M.I. (1999) Lagos law of trust, Bankruptcy and Administration of estate: misprofessional publishers. Adigun O. (2003) Cases and Text equity, Trust and Administration of estate Lagos mabrochi international Books. 8

9 Fabunmi J.O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing. Kodinlinye (1990) An Introduction of Equity in Nigeria: Spectrum Law Publishing. Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed.(r.e. Meggary & P.V. Baker London, Sweet & Maxwell. Week 10: Topic: The Development and Evolution of Equitable Remedies. Kinds of Equitable Remedies. Objectives: To enable students appreciate the development and evolution of equitable remedies as well as the various kinds of equitable remedies. Description: First 2 hours - The historical background and the legal evolution of equitable remedies. Second 2 hours - Kinds of Equitable Remedies 1. Define what is meant by equitable remedies. 2. Differentiate between equitable remedies and legal remedies. 3. Mention all the various kinds of equitable remedies. 4. Mention the name of the King under which equitable remedies became part of the legal system in England. 5. What is the legal effect of where there is conflict between law and equity? Fabunmi J. O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing. 9

10 Kodinlinye (1990) An Introduction to Equity in Nigeria: Spectrum Law Publishing. Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed. R. E. Megarry & P.V. Baker London, Sweet & Maxwell. Week 11: Topic: The Description of Injunctions and its kinds Objectives: To enable students appreciate the meaning of injunctions and its various kinds as well as exposing students to the practical aspect of drafting Motions Ex-parte and on Notice together with an affidavit in support. Descriptions: First 2 Hours - Injunctions and its various kinds. Second 2 Hours - Specimen of Motion Ex parte and Motion on Notice together with supporting affidavit. 1. What is injunction? 2. Mention the various kinds of injunction. 3. Mention the conditions that are sine qua non for the granting of injunction. 4. Differentiate between injunction and specific performance. 5. Differentiate between damages and injunction on one hand and damages and specific performance on the other hand. Fabunmi J. O (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing. Kodinlinye (1990) An Introduction to Equity in Nigeria: Spectrum Law Publishing. Maitland (1916) Equity 6 th ed London, Sweet & Maxwell. 10

11 Snell s Principles of Equity (1973) 27 th ed. R. E. Megarry & P.V. Baker London, Sweet & Maxwell. Week 12: Topic: The Description and meaning of specific performance and conditions under which the court may grant and/or refuse to grant specific performance. Objectives: To enable students to appreciate the meaning of specific performance and circumstances under which a court may grant or refuse an order for specific performance. Descriptions: First 2 Hours - The description of specific performance and conditions under which the court may grant it. Second 2 Hours - Circumstances under which the court may refuse to grant the order of specific performance. 1. What is specific performance? 2. Mention three (3) conditions under which a court may grant an order for specific performance. 3. Differentiate between laches and acquiescence. 4. Mention four (4) circumstances under which a court may refuse to grant an order for specific performance. Fabunmi J. O (1996) Equity and Trust Revised ed. Ibadan : Spectrum Law Publishing. Kodinlinye (1990) An Introduction to Equity in Nigeria : Spectrum Law Publishing. Maitland (1916) Equity 6 th ed London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed. R. E. Megarry & P.V. Baker London, Sweet & Maxwell. 11

12 Week 13: Topic The Description of other equitable remedies: Rescission, Rectification and Delivery up and Cancellation of Documents Objectives: To enable students appreciate other kinds of equitable remedies, their significances, similarities and dissimilarities. Descriptions: First 2 Hours - The Description and meaning of Rescission, Rectification and Delivery up and Cancellation of documents. Second 2 Hours - The similarities and dissimilarities as well the significances of Rescission, Rectification and Delivery up and Cancellation of Documents as forms of equitable remedies. 1. Define what is meant by Rescission. 2. Define what is meant by Rectification. 3. Describe what is meant by Delivery up. 4. Explain what is meant by Cancellation of Documents. 5. State the significance of Rectification, Rescission, Delivery up and Cancelation of Documents to the development of our legal system. 6. Differentiate between Rectification and Rescission. Fabunmi J. O (1996) Equity and Trust Revised ed. Ibadan : Spectrum Law Publishing. Kodinlinye (1990) An Introduction to Equity in Nigeria : Spectrum Law Publishing. Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed. R. E. Megarry & P.V. Baker London, Sweet & Maxwell. Weeks 14 & 15: Topics: Tutorials and Revision 12

13 Course Title: Law of Trust; PPL 404 (3 credits; Compulsory) Lecturers: Mr. O.S. Afolabi * Mrs. F.F. Abdulrazaq** Mrs. M.B. Jaiyeola *** Title and Qualification: * Lecturer I; LL.B (Hons) Ife, B.L, LL.M (ABU) MBA (Unilorin) ** Lecturer I; LL.B (Hons.) Unimaid, B.L,LL.M (OAU) *** Lecturer II; LL. B (Hons), B.L., LL.M Department of Private and Property Law, Faculty of Law, University of Ilorin, Ilorin, Nigeria. Office Location: osafolabi2000@yahoo.co.uk * Room G4, Wing 2 (Old Complex), Faculty of Law ** Room G8, Wing 2 (Old Complex), Faculty of Law *** Room C6, Wing 2 (Old Complex), Faculty of Law Consultations: Mondays, Wednesdays and Thursdays Courseware prepared by: Mr. O.S. Afolabi, Mrs. F.F. Abdulrazaq and Mrs. M.B. Jaiyeola Course Content: Equity and Trust II - Name and classification of trust; the requirements of trusts; constitution of trust; express private trusts; charitable trust constructive trusts; protective and discretionary trusts; (an outline only) trusts in favour of creditors. 13

14 Appointment of trustee-duties and discretion of trustees; power of trustees; breach of trust; retirement and removal of trustees. An outline of administration of Estate. 60h (T); C Course Description: The course concerns the evolution of the concept of trust. In this regard the concept of the juristic trust is distinguished from other legal relations that have the resemblance of a trust. For example trust is distinguished from contract, bailment, agency, office of personal representative, power of appointment, etc. The course also explain the classification of trust; formality for creation of an express trust; completely and incompletely constituted trust; secret trust; essentials of a trust. Trusts of imperfect obligation, Charitable trusts, advantages of charitable trust, constructive trust, void, voidable and unenforceable trusts; Administration of a trust: capacity-who may be a trustee? Appointment of trustees; Powers and Duties of Trustees; Determination of trusteeship; Breach of Trust; Remedies for breach of trust. Justification: The course is justified in view of the important role the institution of trust has played and would continue to play in any legal system. The concept of trust is one of the contributions of equity and has assumed an all-pervading role in our legal system. Course Objective: The course is intended to broaden the students knowledge about some of the important equitable doctrines that evolved with the advent of equity jurisdiction of the court of chancery in England. Specifically the course is intended to expose students to the evolution of the concept of 14

15 trust, the difference between trust and other legal relations, classification of trust, etc. Course Requirement: Every student is mandated to participate actively in class, group discussion and study groups activities. All students are expected to carry out research in the library and or on the internet Method of Grading: S/No. Types Scores% 1 Attendance, Assignment and Test 30% 2 Examination 70% Total 100 Week 1: Topic: Definition of trust and its evolution, trust and other legal relations 1 Give a working definition of trust 2 Distinguish between trust and contract, trust and agency? 1 M.I. Jegede, Law of Trust, Bankruptcy and Administration of Estate 2 J.O. Fabunmi; Equity and Trust in Nigeria. 3 D.J. Bakinbinga Law of Trust in Nigeria. 4 Gilbert Kodinlinye, Law of trust 5 Keeton and Sheridan, The Law of trust. 6 Curzon L.B. Equity and Trusts. 15

16 Week 2: Classification of trust (implied trust, express trust, constructive trust, private and public trust etc.) creation of express trust formalities; secret trust- fully secret trust and half secret trust. Objective: To let students know the various classification of trust and the appropriate circumstance in which each type of trust can be constituted. 1 Explain the formalities for the creation of an express trust? 2 What distinguish a half-secret trust from a fully secret trust? 3 What is the general relevance of a secret trust? Same as in week one Week 3: Completely and incompletely constituted trust; exceptions to the rule i.e. The rule in Strong v. Bird, Donatio mortis cause. 1 Explain the distinction between completely constituted trust and incompletely constituted trust? 2 What is the applicable rule to the creation of a valid gift and mention the exceptions? Week 4: Essentials of a trust i.e. the three certainties (certainty of words, certainty of subject matter and certainty of object), effect of uncertainty. 16

17 Objective: It is essential at this stage for the students to know the technical requirement for the validation of a trust. Thus the need for the three certainties as listed above. 1 Mention the three essentials of a trust? 2 What is the effect of uncertainty of subject matter in a trust? Weeks 5 & 6: Charitable trust- definition of charitable trust particularly as given by the preamble to the charitable Uses Act 1601; classification of charitable trust as given by Lord Maugnathen in Commissioner of Income tax-vs. Pemsel (1891) Ac 531 i.e. trust for the relief of property - trust for advancement of education, - trust for advancement of religion, - trust for the other purposes beneficial to the community. Requirement of public benefit, advantages of charitable trust. Objective: To enable student know that this is a special classification of trust. It is in the category of public trust which is usually enforceable by the Attorney General. Students are supposed to know that this category of trust is becoming very popular in our society these days. The motivating factor is that charitable trust is mostly beneficial to the society. 1 Give a working definition of charitable trust as opposed to charity. 2 What do you understand by the saying that a charitable trust need not be charitable but its object must be charitable? 17

18 3 Mention the advantages of charitable trust over private trust Same as week one Week 7: Topic: Who may be appointed a Trustee? Objectives: To introduce student to the capacity of person that can be appointment a trustee either by the Testator or Court. Descriptions: First Two Hours - Definition of public trustee and a Trust corporation. Second Two Hours - Interactive session between the lecturer and student on the appointment of Trustees and types of trustee just discussed. 1. Define what is a trust? 2. Explain what is meant by public trustee? 3. Explain what is meant by Trust Corporation? 4. When can a court appoint a trustee? 5. What is the minimum number of trustees that can be appointed? Jegede M.I. (1999) Lagos law of trust, Bankruptcy and Administration of estate: misprofessional publishers. 18

19 Adigun O. (2003) Cases and Text Equity, Trust and Administration of Estate Lagos Mabrochi International Books. Fabunmi J.O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing Kodinlinye (1990) An Introduction of Equity in Nigeria: Spectrum Law Publishing Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell Snell s Principles of Equity (1973) 27 th ed.(r.e. Meggary & P.V. Baker London, Sweet & Maxwell. Week 8: Appointment of trustee by settlor or testator, Appointment under the trust Act and appointment under the Trustee Law and appointment by the court. Objectives: To introduce student to the mode of appointment by the settlor during his life time, and the circumstance for appointment under the trustee Act 1893, Trustee Law and if all these fails then the last option is appointment by the court Descriptions: First Two Hours - Highlight of the appointment by the settlor, public Trustee act and Trustee law. 19

20 Second Two Hours - An interactive session will be conducted between the students and lecturer wherein references will be made to the provision of statutes and judicial authority. 1. Explain the right of settlor to appoint original trustees. 2. Explain the mode of appointment when the original trustees fail to act. 3. What are advantages of appointing public trustees? 4. What is the function of a Trust corporation? 5. Explain the circumstance under which a court can appoint new trustees. 6. Whether surviving or continuing trustees can appoint additional trustees. Jegede M.I. (1999) Lagos law of trust, Bankruptcy and Administration of estate: misprofessional publishers. Adigun O. (2003) Cases and Text Equity, Trust and Administration of Estate Lagos Mabrochi International Books. Fabunmi J.O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing. Kodinlinye (1990) An Introduction of Equity in Nigeria: Spectrum Law Publishing. Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed.(r.e. Meggary & P.V. Baker London, Sweet & Maxwell. 20

21 Week 9: Topic: Vesting of trust property Objectives: To introduce students to the essential part of vesting trust property, that is expected to be done before a trustee can act on the trust property. Descriptions: First two hours - Explain the nature of trust property whether land, chattels, deeds, debenture, shares and stocks. The process of transfer or vesting will be demonstrated to students. Seconds Two Hours - Interaction between the student and lecturer, as sample of deed vesting property will be shown in the class. 1. What do you understand by vesting? 2. Described various modes of vesting? 3. What is the position of original trustee vis-à-vis vesting? 4. How can vesting be affected on new trustees? 5. Can vesting be done orally? Jegede M.I. (1999) Lagos law of trust, Bankruptcy and Administration of estate: misprofessional publishers. Adigun O. (2003) Cases and Text Equity, Trust and Administration of Estate Lagos Mabrochi International Books. Fabunmi J.O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing Kodinlinye (1990) An Introduction of Equity in Nigeria: Spectrum Law Publishing Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. 21

22 Snell s Principles of Equity (1973) 27 th ed.(r.e. Meggary & P.V. Baker London, Sweet & Maxwell. Week 10: Topic: Termination of trusteeship Objective: To introduce students to various ways whereby trust can be terminated, that is by disclaimer, retirement, and removal by the court. The purport is for student to have in-depth knowledge of how trust operates in Nigeria in case they are face with the challenges in future. Descriptions: First Two Hours - Explain what is meant by a disclaimer where a Trustee fails to act from the initial stage. Grounds for retirement of trustees. Firstly where trustees has failed to act or acted in fraudulent manner and removal by court as provided by the Trustee Act 1893 and Trustee Law Second Two Hours - An interactive session is conducted between Students and the Lecturer wherein references will be made to various courts decision as to how trustees are removed from office. 1. What is a disclaimer? 2. List the grounds for retirement of trustee under the law. 3. Can a Trustee act outside Nigeria? 4. Explain the grounds for removal by the court? 5. Can the power of the Court be Challenge? 22

23 Reading Lists: Jegede M.I. (1999) Lagos law of trust, Bankruptcy and Administration of estate: misprofessional publishers. Adigun O. (2003) cases and text equity, Trust and Administration of estate Lagos mabrochi international Books. Fabunmi J.O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing. Kodinlinye (1990) An Introduction of Equity in Nigeria: Spectrum Law Publishing. Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed.(r.e. Meggary & P.V. Baker London, Sweet & Maxwell. Week 11: Topic: Duties and power of Trustees under the trustee Act 1893 and Trustee Law 1959 Objectives: To explain and described the duties of Trustees as provided by the Nigeria Law and consequences of failure to perform. Descriptions: First Two Hours - Explain the various duties of Trustees Second Two Hours- Discuss the powers of a Trustee 23

24 1. Can a trustee delegate his power? 2. Examine the duties of Trustee to give account. 3. Discus the liability where a Trustee convert a trust property. 4. Can a Trustee be sued for non performance? 5. Define a beneficiary. Reading Lists: Jegede M.I. (1999) Lagos law of trust, Bankruptcy and Administration of estate: misprofessional publishers. Adigun O. (2003) cases and text equity, Trust and Administration of estate Lagos mabrochi international Books. Fabunmi J.O. (1996) Equity and Trust Revised ed. Ibadan: Spectrum Law Publishing. Kodinlinye (1990) An Introduction of Equity in Nigeria: Spectrum Law Publishing. Maitland (1916) Equity 6 th ed. London, Sweet & Maxwell. Snell s Principles of Equity (1973) 27 th ed.(r.e. Meggary & P.V. Baker London, Sweet & Maxwell. Week 12: Topic: Breach of Trust Objective: To explain the different ways a trustee can commit breach of Trust Description: The meaning of breach of trust and the different ways a breach of trust occur. 24

25 1 What do you understand by breach of trust? 2 In what ways can breach of trust can breach of trust occur? Week 13: Topic: Remedies for Breach of Trust Objectives: To explain the remedies of injunction and personal action against a trustee. To explain liability of a trustee for breach of trust viz: extent of liability measure, liability for acts of co-trustee. To explain tracing of trust property under common law and equity. To explain the rules in Re Hallet s case and Re Clayton s case. Description: Remedies of injunction, personal action against trustee and tracing of trust property which are available to a beneficiary when breach of trust occurs. 1 Discuss the liability of a trustee for breach of trust. 2 What do you understand by tracing of trust property? 3 Discuss the rule in Re Hallet s and Re Clayton cases. Weeks 14 & 15: Topics: Tutorial and Revision 25

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