Course

Issues in Equity - LAWS3134

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: 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: JURD7334

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

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.
Law Books

Study Levels

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