LAW7004

Commercial equity

Professor Tony Duggan

Intensive - First semester - City

Objectives To give students (1) an awareness of anti-formalist trends in the modern law; (2) a reinforced understanding of the mechanisms of equity in commercial litigation; (3) the ability to advise clients on and engage in legal argument in relation to relevant equitable intervention; and (4) the ability to critically analyse and discuss the policy justifications of equitable intervention in commerce.

Synopsis The importance of equity as an Australian vehicle for the rise of principles and standards; the values of equity; the infiltration of equitable doctrines into commercial transactions; mistake, misrepresentation and non-disclosure with particular reference to contract negotiations; undue influence, with particular reference to spousal guarantees; unconscientious dealing with particular reference to lending practices; fiduciary relationships in commercial transactions; equitable proprietary entitlements with particular reference to the constructive trust in commercial dealings.

Assessment Supervised examination: 50% - Research assignment (4000 words): 40% - class presentation/participation: 10%

Texts

Extensive class materials will be issued.

Back to the 1999 Law Handbook