Monash University Law Handbook 1995

Copyright © Monash University 1995
Enquiries to publishing@udev.monash.edu.au

Details of graduate subjects

LAW7004

Commercial equity 700

Not offered in 1995

One 2-hour seminar weekly over 13 weeks

Antiformalism has reached the commercial law. Standards are replacing rules. Equity is the main vehicle for this development in Australia and this subject examines its nature Specific focus is then directed to (1) fiduciary relationships; (2) procedural unfairness, including estoppel, undue influence and unconscionable dealing; (3) substantive unfairness, including penalties, forfeiture, knowing receipt or assistance and unjust enrichment; (4) insolvency, including the uses of the constructive trust, Romalpa clauses and Quistclose trusts; and (5) superannuation trusts.

Assessment

Written research assignment: 3000 words (30%) * Oral class paper and participation: 20% * Terminal examination (2.5 hours): 50%


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