PRINCIPLES OF EQUITY AND TRUSTS
LAW3ETR
2017
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.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Ann Wardrop
Available to Study Abroad Students: Yes
Subject year level: Year Level 3 - UG
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LAW1LIM and (LAW2CTA or LAW2CNT) and (LAW2FPL & LAW2RPT or LAW3PRP)
Co-requisites: N/A
Incompatible subjects: LAW3EQT
Equivalent subjects: N/A
Special conditions: Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Equity and Trusts in Australia | Prescribed | MW Bryan & VJ Vann, most recent edition | Cambridge University Press |
| Readings | A Sourcebook on Equity and Trusts in Australi | Prescribed | M W Bryan, SE Degeling, M S Donald, V J Vann, most recent edition | Cambridge University Press |
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, assessed quizzes 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, assessed quizzes 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, assessed quizzes 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, assessed quizzes 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)
Melbourne, 2017, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Ann Wardrop
Class requirements
LectureWeek: 10 - 22
One 2.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.
TutorialWeek: 11 - 22
One 1.0 hours tutorial per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| one 1,500-word take-home exam | Students will have the option of undertaking this task in a group. | 25 | 01, 02, 03, 04, 05 |
| one 3-hour final examination | 60 | 01, 02, 03, 04, 05 | |
| Three online quizzes | 15 | 01, 02, 03, 04 |