Course

Issues in Equity - JURD7334

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: Torts (LAWS1061/JURD7161), Equity & Trusts (LAWS2385/JURD7285) and Land Law (LAWS2383/JURD7283) OR Torts (LAWS1061/JURD7161), Property, Equity & Trusts 1 (LAWS2381/JURD7281) and Property, Equity & Trusts 2 (LAWS2382/JURD7282).

Excluded: LAWS3134

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course further develops some of the most important equitable doctrines. Topics include the history and nature of equity; the relationship of law and equity; locating equity in a map of private law; equitable assignment; undue influence; unconscionable transactions; confidential information; fiduciary obligations; tracing in equity; the debate as to the "fusion" of law and equity; remedial trusts.


Recommended Prior Knowledge

JURD7152 (Foundations of Law); JURD7161 (Torts); JURD7281 (Property, Equity and Trusts 1); JURD7282 (Property and Equity 2); JURD7171 (Contracts 1); JURD7172 (Contracts 2)

Course Objectives

As a result of doing this course students will have a deeper knowledge of equitable doctrine and the private law theory which seeks to explain it.

Main Topics

  • The history and nature of equity
  • The relationship of law and equity
  • Locating equity in a map of private law
  • Equitable assignment
  • Penalties and forfeitures
  • Undue influence
  • Unconscionable transactions
  • Fiduciary obligations
  • Tracing in equity
  • The debate as to the "fusion" of law and equity
  • Remedial trusts

Assessment

Mid-semester exam 30%
Final exam OR 5,000 word essay 50% or 70% depending on class participation
Class Participation 20%

Course Texts

Students will read a limited number of full case reports, supplemented where necessary by Supplementary Materials.

Recommended
Refer to Course Outline provided by lecturer.

Law Books

Study Levels

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