How to Revise ATHE Level 5 Extended Diploma in Law — ATHE Ltd Vocationally-Related Qualification Law
1. Understand the elements required to create an express trust2. Understand the elements required for an implied trust to arise3. Understand the operation and existence of purpose trusts4. Understand the role and responsibilities of a trustee5. Understand equitable remedies
Examiner Tips for ATHE Level 5 Extended Diploma in Law
- Use case law to support your answers.
- Memorise key cases for each trust type.
- Practice problem questions on trust creation.
- Use case law to support your answers (e.g., Donoghue v Stevenson).
- Structure answers using the IRAC method (Issue, Rule, Application, Conclusion).
- Practise problem questions to apply principles to scenarios.
- Refer to relevant legislation such as the Matrimonial Causes Act 1973.
- Use case law examples to illustrate principles.
Common Mistakes in ATHE Level 5 Extended Diploma in Law
- Confusing legal and equitable interests.
- Misunderstanding the beneficiary principle.
- Failing to distinguish between types of trusts.
- Confusing tort with contract law.
- Forgetting that duty of care must be established before breach.
- Mixing up the defences for different torts.
Key Marking Points
- Explain the three certainties required for an express trust.
- Distinguish between resulting and constructive trusts.
- Describe the role and duties of a trustee.
- Identify equitable remedies and their application.
- Explain the purpose of tort law and its distinction from criminal law.
- Apply the Caparo test to establish a duty of care.