This course introduces you to the doctrines of equity and the law of trusts.It traces the historical development of equity and its relationship with common law. Students will critically consider the appropriate application of a range of equitable doctrines to particular scenarios and the availability of different remedies. You will also be introduced to the law of trusts and, in particular, the nature of a trust, legal requirements in establishing a trust as well as the rights, duties and powers associated with trusts.
This is a three part course:
1. Foundation
2. Intermediary
3. Advance
The course will include a transitional module on personal
property to introduce subject matter that was previously taught in Property,
Equity and Trusts and will in future be taught in Principles of Private Law.
This is an important pre-requisite for learning about trusts, which involve
property. It will also include a transitional module introducing unjust
enrichment, which will in future be taught in Principles of Private Law.
This course is one of the core subjects for law and ncludes such subjects as
Torts, Contracts and Land Law. It provides a good grounding for further studies
in this area.
Recommended Prior Knowledge
You should be familiar with the law of torts and contract.
Course Learning Outcomes
You will be able to:
1.Demonstrate
awareness of principles of equity and trusts and their relationship to the
broader context;
2.Identify
important equitable doctrines and remedies and apply them to hypothetical fact
scenarios;
3.Engage
in critical analysis of the role played by equity in common law jurisdictions;
4.Demonstrate
effective oral communication skills by discussing and debating course concepts
in a reflective and respectful manner;
5.Apply
knowledge of trust law to critique and suggest improvements to clauses in a trust
deed;
6.Ability
to work as a member of a team in contributing to class discussion and
completing a group assessment task; and
7.Demonstrate
effective written communication skills by articulating legal concepts clearly,
persuasively and appropriately.
