Course

Equity and Trusts - JURD7285

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: 5

Enrolment Requirements:

Prerequisite: Contracts (LAWS1075/ JURD7175 or LAWS1072/JURD7172)

Excluded: JURD7281, LAWS2381, LAWS2385

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 introduces students to the doctrines of equity and the law of trusts. It traces the historical development of equity and its relationship with common law. Students will critically consider the appropriate application of a range of equitable doctrines to particular scenarios and the availability of different remedies. Students will also be introduced to the law of trusts and, in particular, the nature of a trust, legal requirements in establishing a trust as well as the rights, duties and powers associated with trusts. The course assumes familiarity with equitable doctrines taught in Principles of Private Law and Contracts (alternatively Contracts 1 and 2), for instance estoppel, undue influence, unconscionability. For students who have not completed Principles of Private Law, the course will include a transitional module on personal property to introduce subject matter that was previously taught in Property, Equity and Trusts and will in future be taught in Principles of Private Law. This is an important pre-requisite for learning about trusts, which involve property. This course is one of the core subjects for law and will normally be taken after completion of Contracts. It fits within the private law stream, which includes such subjects as Torts, Contracts and Land Law. It provides a good grounding for further studies in this area.

In addition, the course will incorporate on-line and classroom tutorials that teach students how to refine their skills in retrieving legal research, working through complex legal research problems and writing up research in professional contexts. These modules are ONLY required for students who have NOT completed Advanced Legal Research (ALR). Those students will be assigned to "tutorial" groups for the purposes of these modules. Students who have completed ALR will be assigned for administrative purposes to tutorials with no classes.

Main Topics

The aim of the course is to ensure that you are familiar with the central principles of equity, including the law of trusts. In particular, the course will cover the following topics:
  • Equitable rights and equitable titles
  • Fiduciary obligations
  • Assignment and Priorities (excluding Torrens land)
  • Express trusts, including
-Types of express trust
-Trusts distinguished from contract, charge, lien, bailment and corporation
-Lifecycle of an express trust
-Trustee duties, powers and rights
-Beneficiary rights
  • Tracing
  • Personal liability of accessories and recipients
  • Remedies
  • Resulting and constructive trusts
  • General bars to relief

Main topics (legal research and writing modules)
  • Commentary and secondary sources
  • Case law
  • Legislation
More information can be found on the Course Outline Website.
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