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Issues in Equity - LAWS3134
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1081, LAWS1082; or LAWS3010
 
 
Excluded: JURD7334
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course further develops some of the most important equitable doctrines. Topics include the history and nature of equity; the relationship of law and equity; locating equity in a map of private law; equitable assignment; undue influence; unconscionable transactions; confidential information; fiduciary obligations; tracing in equity; the debate as to the "fusion" of law and equity; remedial trusts.

Recommended Prior Knowledge

LAWS 1052 (Foundations of Law); LAWS 1061 (Torts); LAWS 1081 (Property, Equity and Trusts 1) or LAWS2381 (Property, Equity and Trusts 1); LAWS 1082 (Property and Equity 2) or LAWS2382 (Property and Equity 2); LAWS 1071 (Contracts 1); LAWS 1072 (Contracts 2)

Course Objectives

As a result of doing this course students will have a deeper knowledge of equitable doctrine and the private law theory which seeks to explain it.

Main Topics

  • The history and nature of equity
  • The relationship of law and equity
  • Locating equity in a map of private law
  • Equitable assignment
  • Undue influence
  • Unconscionable transactions
  • Confidential information
  • Fiduciary obligations
  • Tracing in equity
  • The debate as to the "fusion" of law and equity
  • Remedial trusts

Assessment

Mid-semester exam 30%
Final exam OR 5,000 word essay 50% or 70% depending on class participation
Class Participation 20%

Course Texts

Prescribed
Cases and Materials on Equity and Trusts, JD Heydon and PL Loughlan, 7th edition

Recommended
Refer to Course Outline provided by lecturer.

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