Commercial Trust Law | OTHM Level 7 International Business Law Assignment 2026
OTHM Level 7 Diploma in International Business Law
Commercial Trust Law
Unit Aims
This unit explores the law of trusts in an international context, comparing doctrine in different jurisdictions and exploring the theoretical implications of such differences.
Learning Outcomes and Assessment Criteria
Task 1 of 3
Unit Learning Outcomes:
- LO 1 Understand the basic principles of Equity as part of the English system of Law.
- LO 3 Understand the differences between the rights, duties and power of trustees operating commercial trusts as opposed to those operating family trusts.
Task Assessment Criteria to be covered: 1.1, 1.2, 1.3, 1.4, 3.1, 3.2
Assignment Brief and Guidance
Produce a report which focuses on how the mechanism of trust started to be used in a commercial setting and how it differs from a family law trust.
To assist you with this task research the cases below:
- IRC v Hashmi & Hashmi [2002] EWCA Civ 981 [2002]
- Swift Advances PLC v Anjum Ahmed and Parveen Ahmed [2015] EWHC 3265 (Ch) 165.
You must ensure the report;
- analyses the mechanics of creating express trust including the rights of beneficiaries.
- indicates an understanding of the functions of a trust device.
- evaluates and compares types of trust.
- evaluates the nature of respective rights and obligations of the parties trusts.
- evaluates the powers of a trustee operating a commercial trust and one operating a family trust.
- compares and contrasts the rights and duties imposed upon a trustee of a commercial trust or family trust.
Learners must:
- Show knowledge and understanding of the subject area
- Provide references to relevant case law and or legislation wherever appropriate.
- Be able to support answers and show evidence of wider reading appropriately
Delivery and Submission
The submission is in the form of a report written in Word format.
The recommended word limit is 1200 words excluding diagrams, references, and appendices.
Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.
Referencing
You should use and cite a range of case law, academic and reliable sources.
A comprehensive Harvard style reference list must be included at the end of the work.
Task 2 of 3
Unit Learning Outcome: LO 2 Understand the way trusts are used in commercial transactions and how issues are dealt according to the norms of contract and trusts law.
Task Assessment Criteria to be covered: 2.1, 2.2, 2.3, 2.4
Assignment Brief and Guidance
Write an essay which considers the equitable devices used to take security in commercial contracts with a particular focus on the analysis of Quistclose trusts and taking security in loan contracts.
You must ensure the essay;
- indicates an understanding of the functions of a trust device.
- evaluates and compares types of trust.
- evaluates the nature of respective rights and obligations of the parties trusts.
- analyses the context of commercial transaction into contract with trusts law and equity.
- evaluates the interactions between contract law and trusts law.
- explains how trusts are not bound up with contract.
- critically analyses how trustees limit their liabilities.
Learners must:
- Show knowledge and understanding of the subject area
- Provide references to relevant case law and or legislation wherever appropriate.
- Be able to support answers and show evidence of wider reading appropriately
Delivery and Submission
The submission is in the form of a report written in Word format.
The recommended word limit is 1600 words excluding diagrams, references, and appendices.
Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.
Referencing
You should use and cite a range of case law, academic and reliable sources.
A comprehensive Harvard style reference list must be included at the end of the work.
Task 3 of 3
Unit Learning Outcome: LO 4 Understand the relationship between the law of trust in an international setting.
Task Assessment Criteria to be covered: 4.1, 4.2
Assignment Brief and Guidance
Produce a legal memo, using an appropriate convention, which considers whether a commercial trust can successfully be protected against its creditors.
You must ensure the memo:
- analyses commercial expectations of a trust creditor.
- compares the law relating to trust creditors in other jurisdictions.
You must include recent case law in your memo.
Learners must:
- Show knowledge and understanding of the subject area
- Provide references to relevant case law and or legislation wherever appropriate.
- Be able to support answers and show evidence of wider reading appropriately
Delivery and Submission
The submission is in the form of a report written in Word format.
The recommended word limit is 1200 words excluding diagrams, references, and appendices.
Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.
Referencing
You should use and cite a range of case law, academic and reliable sources.
A comprehensive Harvard style reference list must be included at the end of the work.