PRINCIPLES OF EQUITY AND TRUSTS

LAW3ETR

2018

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-ordinatorAnn Wardrop

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 and LAW2RPT) or LAW3PRP) AND Admission into; LBLX - Bachelor of Laws (Complementary) LVLGE ; LVLGEB Bachelor of Laws LVLUE ; LVLUEB Bachelor of Laws LWLAS Bachelor of Laws/Bachelor of Asian Studies LWLAT; LWLATB Bachelor of Laws/Bachelor of Arts LWLBUSB Bachelor of Laws/Bachelor of Business LWLEE Bachelor of Laws/Bachelor of Electronic Engineering LWLINT Bachelor of Laws/Bachelor of International Relations LWLMC Bachelor of Laws/Bachelor of Media and Communication LWLPY; LWLPYB Bachelor of Laws/Bachelor of Psychological Science LWLSC; LWLSCB Bachelor of Laws/Bachelor of Science LZCOML Bachelor of Commerce/Bachelor of Laws LZCRL; LZCRLB Bachelor of Criminology/Bachelor of Laws LWLFI Bachelor of Laws / Bachelor of Finance LWLF Bachelor of Laws/Bachelor of Finance LWLM Bachelor of Laws/Bachelor of Media LWLA LWLAC Bachelor of Laws/Bachelor of Accounting LWLBUS Bachelor of Laws/Bachelor of Business LWLE LWLEC Bachelor of Laws/Bachelor of Economics LWLIR Bachelor of Laws/Bachelor of International Relations LWLFI Laws/Finance LWLAC Laws/Accounting LWLBUS (BU) Laws/Business

Co-requisitesN/A

Incompatible subjects LAW3EQT

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsEquity and Trusts in AustraliaPrescribedMW Bryan & VJ Vann, most recent edition Cambridge University Press
ReadingsA Sourcebook on Equity and Trusts in AustraliPrescribedM W Bryan, SE Degeling, M S Donald, V J Vann, most recent editionCambridge 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)

Subject options

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Start date between: and    Key dates

Melbourne, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorAnn Wardrop

Class requirements

Lecture Week: 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.

Tutorial Week: 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 elementComments% ILO*
one 1,500-word take-home exam25 01, 02, 03, 04, 05
one 3-hour final examination65 01, 02, 03, 04, 05
Two online quizzes10 01, 02, 03, 04