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%