Equity and trusts refers to those important doctrinal and remedial developments arising from the exercise of equitable jurisdiction by the courts. This unit (LLW3008) of study will cover the historical development and content of equity; the concept of a trust, creation of express trusts, the nature of implied, resulting and constructive trusts; the concept of fiduciary obligations with particular reference to commercial settings and trustee's duties; Equity's supervision and control of trust powers and discretionary powers generally; the nature and significance of equitable remedies including the distinction between remedies of a personal and proprietary nature.
Unit details
Location:
Online Real Time
Study level:
Undergraduate
Credit points:
12
Unit code:
LLW3008
Prerequisites
BLB2125 - Real Property Law and
6 Level 1 Law units
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Learning Outcomes
| 1. | Critically review collaboratively the historical reasons for a distinctive equitable jurisdiction; | ||
| 2. | Implement equitable principles in the resolution of a range of problems with initiative and professional judgment; | ||
| 3. | Theorise the principles that are relevant to both common law and equitable remedies and contextualise to authentic contemporary issues; | ||
| 4. | Canvass equitable doctrines and their underlying themes with peer groups and professional communities of practice; and | ||
| 5. | Postulate the proper role of the general principles of law and equity in its social context. |
Assessment
| Assessment type | Description | Grade |
|---|---|---|
| Test | On Line Quiz | 10% |
| Essay | Research Essay | 40% |
| Examination | Final exam | 50% |
Required reading
Principles of Australian Equity & Trusts 4th
Radan, C., Stewart, 2019
Lexis Nexis
Where to next?
As part of a course
This unit is studied as part of the following courses. Refer to the course page for information on how to apply for the course.
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