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Issues in Equity - LAWS3134
Law Books

 
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: 3
 
 
Enrolment Requirements:
 
 
Pre-requisite: LAWS1052, LAWS1061, LAWS1071, LAWS1072, LAWS2381, LAWS2382 Pre-requisite: JURD7152, JURD7161, JURD7171, JURD7172, JURD7281, JURD7282
 
 
Excluded: JURD7334
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

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

LAWS1052 (Foundations of Law); LAWS1061 (Torts); LAWS1081 (Property, Equity and Trusts 1) or LAWS2381 (Property, Equity and Trusts 1); LAWS 1082 (Property and Equity 2) or LAWS2382 (Property and Equity 2); LAWS 1071 (Contracts 1); LAWS 1072 (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

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

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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.