LAW 306 - Equity

Credit points: 20 points
Offered: Full-year
Contact hours: Lectures - 2 hours per week, 4 tutorials
Course Director: Professor Peter Devonshire
Prerequisites: LAW 201, 211, 231, 241

Course description

A study of the central principles and remedies of equity including: the fiduciary principle, relationships of confidence, unconscionable conduct, undue influence, estoppel, assignments, trusts (express, resulting and constructive), charities, tracing, third-party liability, the assignment in equity of choses in action, and priorities. Basic principles of the law of succession and of the administration of estates.

Course overview

The course introduces and develops the central principles of equity and its principal remedies. It is largely taught through case law. In order to acquire a fundamental understanding of the subject it is necessary to consider the history of equity and its evolution to the present day. The law of trusts is examined in depth. This includes private trusts, particularly with respect to the requirements for their creation and the duties of trustees. Purpose trusts, particulary charitable trusts, are examined in detail. Testamentary dispositions and principles of the law of succession are considered. The administration of trusts and trustee's duties are reviewed.  The fiduciary principle and equitable remedies are assessed, with particular reference to leading case law.

Assessment

  • Online quiz (0%)
  • Tutorial essay 15%)
  • Tutorial essay (15%)
  • 2 hour exam (70%)