LAW4169

Equity 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2005 (Day)

Synopsis: This unit introduces students to the nature and function of equity in the modern Australian legal system. Students learn about the relationship between equity and the common law, and study the key doctrines of equity. These include: unconscientious dealing, undue influence, misrepresentation, estoppel, breach of confidence, fiduciary relations, equitable property and equitable remedies.

Objectives: On completion of this subject students should be able to 1) understand the position of equity within the Australian legal system, and its relationship with the common law; 2) understand, and be able to critically analyse the key doctrines of equity, their development in Australia and in other legal systems, and their theoretical underpinnings, including the concepts of principles and standards; 3) Make competent judgements regarding the likely future development of equitable doctrines on a case by case basis; 4) Articulate the application of equitable doctrines and remedies to practical legal problems.

Assessment: Assignment (2500 words): 35% + Examination (2 hours writing time plus 10 minutes reading time): 65%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW3400 Property OR LAW3401 Property A and LAW3402 Property B