Issues in Equity - JURD7334

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
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: LAWS3134
 
 
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


JURD7152 (Foundations of Law); JURD7161 (Torts); JURD7281 (Property, Equity and Trusts 1); JURD7282 (Property and Equity 2); JURD7171 (Contracts 1); JURD7172 (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.

Recommended
Refer to Course Outline provided by lecturer.