PRINCIPLES OF EQUITY AND TRUSTS

LAW5EQT

2017

Credit points: 15

Subject outline

This subject explores the nature of equity, and includes a discussion of various equitable doctrines and equitable rights and interests, fiduciary obligations, confidential information and contextualises understandings surrounding estoppel in equity and unconscionable transactions. It covers the elements of trust law, including various types of trusts, the rights, duties and powers of trustees, the consequences of breach of trust and provides an overview of equitable remedies.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorJillian Murray

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW5FPR Foundations of Property Law and LAW5RPL Real Property Law

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsEquity and Trusts in AustraliaPrescribedBryan & Vann (latest edition)Cambridge University Press
ReadingsA Sourcebook on Equity and Trusts in AustraliaPrescribedBryan, Degeling, Donald & Vann (latest edition)Cambridge University Press

Graduate capabilities & intended learning outcomes

01. Demonstrate high level research skills in relation to primary and secondary sources of equity and trusts law and its context

Activities:
Analysis of written cases, case-study examples, research and analysis of articles and cases, assessment
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

02. Demonstrate advanced knowledge of the conceptual and doctrinal framework of equity and trusts law in Australia

Activities:
Frameworks for doctrines explained and illustrated in concept presentations, individual student reading and analysis of cases and concepts and in-class discussions to clarify, as well as assessment
Related graduate capabilities and elements:
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

03. Write a legal opinion on a factual scenario in equity and trusts law in a professional manner

Activities:
Argument development and evaluation modelled through presentations, individual student reading of cases and in-class discussions, assessment
Related graduate capabilities and elements:
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

04. Demonstrate critical analysis of the principles of the law of equity and trusts.

Activities:
Assessment, in class discussions, case studies
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

Subject options

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Start date between: and    Key dates

City Campus, 2017, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJillian Murray

Class requirements

Lecture/Seminar Week: 10 - 22
One 2.0 hours lecture/seminar per week on weekdays during the day from week 10 to week 22 and delivered via blended.

WorkShop Week: 10 - 22
Two 4.0 hours workshop per study period on weekends during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
Essay (3,000 words)30 01, 02, 04
Three hour centrally managed examination with a 30 minute reading time (equivalent to 3,000 words)70 02, 03, 04