Monash University Law Handbook 1995

Copyright © Monash University 1995
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Details of undergraduate subjects

LAW4201

Equity and trusts 430

Mr B Dwyer

30 points * Three 1-hour lectures per week and one 1-hour tutorial per fortnight * Full-year subject * Clayton * Prerequisites: See section 3 of faculty resolutions * Prohibitions: See section 4 of faculty resolutions

This subject consists of two parts. The first part is concerned with general equitable doctrines. Topics covered include the nature of equity and its techniques; transactions in equity; fiduciary obligations; property rights in equity; equitable remedies. The second part of the subject is concerned with the law of trusts. Topics covered include the nature and functions of trusts; constitution of trusts and formalities; assignments; trustees' powers and duties; beneficiaries' rights and remedies.

Assessment

Written assignment (3000 words): 30% * Terminal examination (3.5 hours): 70%

Prescribed texts

Trustee Act 1958

Heydon and others Cases and materials on equity and trusts 4th edn, Butterworths, 1993


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