PRINCIPLES OF EQUITY AND TRUSTS

LAW3ETR

2015

Credit points: 15

Subject outline

In this subject, students are introduced to the doctrines and institutions of equity. Topics include the relationship between equity and common law, the nature of equitable rights, trusts (including their creation and variation, the duties and powers of the trustee, and the consequences of breach of trust), fiduciary obligations, confidential information, and an overview of equitable remedies.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorJillian Murray

Available to Study Abroad StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and (LAW2CTA or LAW2CNT) and (LAW2FPL & LAW3RPT or LAW3PRP)

Co-requisitesN/A

Incompatible subjects LAW3EQT

Equivalent subjectsN/A

Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsEquity and Trusts in AustraliaPrescribedBryan & Vann2ND ED, CAMBRIDGE
ReadingsEquity and Trusts, commentary and materialsPrescribedDal Pont, et al(5TH ED, 2011) THOMSON REUTERS

Graduate capabilities & intended learning outcomes

01. Determine the material facts and identify any factual inquiries which are necessary as they apply to specific law problems

Activities:
Tutorial problems, take-home examination and final examination
Related graduate capabilities and elements:
Critical Thinking (Critical Thinking)

02. Identify the relevant issues of equity and the common law arising from a fact scenario

Activities:
Tutorial problems, take-home examination and final examination
Related graduate capabilities and elements:
Critical Thinking (Critical Thinking)

03. Identify and analyse the relevant statutory provisions and case law as they relate to a specific problem in law

Activities:
Tutorial problems, take-home examination and final examination.
Related graduate capabilities and elements:
Critical Thinking (Critical Thinking)

04. Set out and apply the relevant legal principles as they apply to a specific problem in law

Activities:
Tutorial problems, take-home examination and final examination.
Related graduate capabilities and elements:
Critical Thinking (Critical Thinking)

05. Structure and communicate a legal argument in clear, grammatical and technically sound language

Activities:
Take-home examination and final examination
Related graduate capabilities and elements:
Writing (Writing)

Subject options

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Start date between: and    Key dates

Melbourne, 2015, Semester 1, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJillian Murray

Class requirements

Lecture
One 2.0 hours lecture per week and delivered via face-to-face.

Tutorial
One 1.0 hours tutorial per week and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
one 1,500-word take-home examStudents will have the option of undertaking this task in a group.25 01, 02, 03, 04, 05
one 3-hour final examination75 01, 02, 03, 04, 05