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: Principles of Private Law (LAWS1150/JURD7150) and Contracts (LAWS1075/ JURD7175)
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
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
-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
- Commentary and secondary sources
- Case law
- Legislation