LAW4201

Equity and trusts 412

Ms E Lanyon

12 points - Three 1-hour lectures per week - 1-hour tutorial per fortnight - Full-year subject - Clayton - Prerequisites: LAW2100 and LAW3400

Objectives Students who successfully complete this subject should be able to (1) apply key equitable doctrines and concepts to factual problems; (2) explain the function and significance of modern equity; (3) advise as to the circumstances in which a trust should be created; (4) advise as to the methods by which a trust may be established; (5) advise as to the proper administration of trusts; and (6) analyse legal materials and communicate the result of that analysis in clear, precise English.

Synopsis This course consists of two parts. The first part is concerned with general equitable doctrines, including the nature of equity and its techniques, unconscientious dealing, undue influence, misrepresentation, estoppel, penalties, relief from forfeiture, fiduciary relations, equitable property and equitable remedies. The second part of the course is concerned with the law of trusts. It discusses the rights, powers and duties of trustees, the rights of beneficiaries, trust structures and their functions, constitution of trusts, trust property and objects of trusts.

Assessment Written assignment (3000 words): 30% - Final examination (3 hours): 70%

Texts

Heydon J and Loughlin P Cases and materials on equity and trusts 5th edn, Butterworths, 1997
Trustee Act 1958 (Vic.)

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LAW4201

International business transactions

Ms J Schultz

6 credit points - Three one-hour lectures per week - Clayton - Prerequisites: LAW2100 and LAW3400

Objectives Upon completion of this subject, students should (i) have an understanding of the various views, including economic theories, concerning the rationale for and objectives of international commercial law; (ii) understand the legal problems that arise from international business transactions; (iii) have an understanding of the main issues that should be addressed when negotiating a contract for the international sale of goods and services, the financing of international transactions, and the transport of goods internationally; (iv) understand the law dealing with international contracts of sale, including the laws dealing with international payment of goods and the law relating to the contracts of carriage and insurance of goods; (v) be familiar with the international agreements and international regimes that influence and regulate international business transactions; (vi) understand the main types of structures commonly used in international business transactions, particularly those involving a transfer of technology; (vii) have an understanding of the methods for resolving disputes in this area.

Synopsis This subject examines the national and international laws applicable to international commercial transactions including the movement of goods, people, capital and services. The subject will cover a number of different types of international transactions, including the sale of goods and services from Australia to a foreign country (and the financing of such a contract of sale), the transfer of technology both from and to Australia through licensing and franchising, and the establishment of Australian owned means of production abroad through direct foreign investment and international joint ventures. This subject will also examine the legal regimes and international treaties which regulate and impact upon international business transactions. The resolution of disputes which may occur in such transactions will also be addressed.

Assessment Optional written assignment (4000 words): 50% - Open book examination of 3.5 hours, worth 100% of the assessment, or where the assignment has been undertaken an open-book examination of 2 hours, worth 50 % of the total assessment.

Texts

Pryles, Waincymer and Davies International trade law: Commentary and materials Law Book, 1995
Supplementary faculty materials

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