PRINCIPLES OF EQUITY AND TRUSTS

LAW3ETR

2020

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 (Pre 2022)

Credit points: 15

Subject Co-ordinator: Tobias Barkley

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 3 - UG

Exchange Students: No

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW2CTA AND LAW1LIM AND LAW2RPT AND LAW2FPL

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Equity and Trusts in Australia

Resource Type: Book

Resource Requirement: Recommended

Author: MW Bryan & VJ Vann, most recent edition

Year: N/A

Edition/Volume: N/A

Publisher: Cambridge University Press

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

A Sourcebook on Equity and Trusts in Australi

Resource Type: Book

Resource Requirement: Prescribed

Author: M W Bryan, SE Degeling, M S Donald, V J Vann, most recent edition

Year: N/A

Edition/Volume: N/A

Publisher: Cambridge University Press

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing

INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving

Intended Learning Outcomes

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

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

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

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

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

Bendigo, 2020, Semester 1, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Enrolment information: N/A

Subject Instance Co-ordinator: Tobias Barkley

Class requirements

LectureWeek: 10 - 22
One 2.00 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via video conference.

SeminarWeek: 10 - 22
One 1.00 hour seminar per week on weekdays during the day from week 10 to week 22 and delivered via blended.

Assessments

Assessment element	Comments	Category	Contribution	Hurdle	%	ILO*
One 1,500-word take-home exam1500 words	N/A	N/A	N/A	No	20	SILO1, SILO2, SILO3, SILO4, SILO5
One 3-hour final examinationCentrally administered examination	N/A	N/A	N/A	No	70	SILO1, SILO2, SILO3, SILO4, SILO5
Two online quizzes (500 word total)Quizzes will be administered on-line	N/A	N/A	N/A	No	10	SILO1, SILO2, SILO3, SILO4

Melbourne (Bundoora), 2020, Semester 1, Blended