LAW3400

Property 300

Mrs J Tooher

0 points - Three 1-hour lectures per week - Full-year subject - First semester: One 1-hour tutorial per alternate week and one 1-hour self-learning meeting per alternate week - Second semester: One 1-hour tutorial per week - Clayton

Objectives Students who successfully complete the subject should have (1) refined and tested analytical and conceptual skills required of lawyers by resolving factual problems in the area of property law; (2) acquired some understanding of what is meant by the notion of property, and how the relationship between a legal person and a 'thing' which is the object of a proprietary interest differs from other legal relationships; (3) developed some familiarity with the historical, social and political factors which have shaped the principles and rules forming part of modern property law; (4) encountered some examples of the ways in which property interests may be fragmented and of the different types of interests which may exist in real and personal property; (5) examined and applied some of the legal rules governing the creation and enforceability of proprietary interests, including the priority rules governing conflicts between persons whose property rights are in competition with each other; and (6) strengthened skills involving case analysis, statutory interpretation, oral communication, legal research and legal writing and generally improved self-directed learning techniques. In addition it is expected that powers of critical analysis and thinking will be enhanced by participation in this subject.

Synopsis The subject aims to familiarise students with broad concepts and more specific rules relating to the meaning and purposes of the concept of property, possession and title, nature and type of proprietary interests, creation and enforceability of proprietary interests, legal and equitable remedies, statutory schemes of registration, acquisition and disposal of statutory interests, concurrent ownership, proprietary interests in land owned by another, and mortgages. In addition, the subject enables students to gain an understanding of the relationship between the rules of property law and other rules used to resolve conflicts between legal persons (for example some aspects of the rules of contract law and of torts). It also invites critical evaluation of existing principles and proposals for reform. Throughout the subject, students are given opportunities to develop skills in case reading, statutory interpretation, legal research and writing. In 1999 all LAW3400 (Property) students will undertake Legal research and methods unit 2. This unit will reinforce legal research skills taught in LAW1100 (Legal process). It will comprise one lecture and one hands-on tutorial in the computer laboratory. Students will be required to hand in a research strategy report associated with the research paper.

Assessment Research paper: 20% - Class test: 15% - Final examination (3.5 hours): 65%

Texts

Bradbrook A J, MacCallum S V and Moore A P Australian property law: Cases and materials LBC Information Services, 1996
or
Neave M, Rossiter C and Stone M Property law cases and materials 5th edn, Butterworths, 1994 (consult individual lecture stream)
Dwyer, B M and Tooher J G Butterworth's statutes: Property and conveyancing law in Victoria Butterworths, 1996
The Monash guide to law online Butterworths, 1998
Nemes and Coss Effective legal research Butterworths, 1998

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