PRINCIPLES OF EQUITY AND TRUSTS
LAW5EQT
2019
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.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Marc Trabsky
Available to Study Abroad Students: Yes
Subject year level: Year Level 5 - Masters
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LAW5FPR (Property Law)
Co-requisites: Real Property Law (LAW5RPL)
Incompatible subjects: N/A
Equivalent subjects: N/A
Special conditions: N/A
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Equity and Trusts in Australia | Prescribed | Bryan & Vann (latest edition) | Cambridge University Press |
| Readings | A Sourcebook on Equity and Trusts in Australia | Prescribed | Bryan, 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
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
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
04. Demonstrate critical analysis of the principles of the law of equity and trusts.
- Activities:
- Assessment, in class discussions, case studies
City Campus, 2019, Semester 2, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Marc Trabsky
Class requirements
Lecture/SeminarWeek: 31 - 43
One 2.5 hours lecture/seminar per study period on weekdays at night from week 31 to week 43 and delivered via face-to-face.
Scheduled Online ClassWeek: 31 - 43
One 6.0 hours scheduled online class per study period on weekdays during the day from week 31 to week 43 and delivered via online.
Assessments
| Assessment element | Comments | % | 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 |