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Property, Equity and Trusts 1 - LAWS1081
Library

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1071 & LAWS1072; or LAWS1420
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Property, Equity and Trusts 1 is one of the compulsory "core" courses of the law program. The chief aim of the course is to provide students with a sound understanding of the fundamental principles of land law and the role that equitable doctrine (and in particular, the trust) play in moulding and developing property law. Students will be expected to come to grips with key common law principles, examine and appreciate the role of equitable doctrine, and understand the legislative framework and its application where applicable.


Recommended Prior Knowledge

LAWS1071 Contracts 1 and LAWS1072 Contracts 2

Course Objectives

On completion of this course students should be able to:
  • Solve legal problems by reasoned analysis
  • Undertake legal research
  • Argue clearly and persuasively, both in writing and verbally
  • Read and interpret legislation
  • Evaluate critically existing legal principles and institutions with a view to determining what reforms, if any, are needed
  • Apply knowledge to theoretical issues
  • Develop an individual perspective on the philosophy(ies) underpinning Property, Equity and Trusts

Main Topics

  • The concept of property
  • Land, chattels, fixtures
  • Title to goods
  • Title to land
  • Limitation of actions
  • Doctrines of tenure and estates/waste
  • Future interests; origins of equity
  • Native title
  • Contracts for sale of land
  • Part performance; legal interests
  • Fiduciary relationships
  • Introduction to Trusts
  • Creation of express trusts
  • Express trusts
  • Variation and Termination
  • Resulting trusts
  • Constructive trusts
  • Estoppel
  • Priorities

Assessment

  • Class Participation - At individual lecturer's discretion. Maximum - 20%
  • Mid Session Test - 30%
  • Final Exam - Minimum 50%. Maximum 70% depending on assessment package available in groups.

Course Texts

Prescribed case book (Property)
  • Edgeworth B, Rossiter C and Stone M and O'Connor P Sackville and Neave's, Property Law Cases and Materials, Lexis Nexis, 2008

PLUS (Equity)
  • Chapters 23, 24 and 32 of the D Heydon and P Loughlin, Equity and Trusts: Cases and Materials, Lexis Nexis, 2007

Recommended Property Text
  • Gray J, Edgworth B, Foster N and Grattan S, Property Law in New South Wales, Lexis Nexis, Sydney, 2007

Recommended Equity Text
  • Evans M, Equity and Trusts, Butterworths Lexis Nexis, 2008
Please see Course Outline for a more detailed list of other recommended books.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.