Leader: Jenny Schultz

Offered

Clayton Second semester 2008 (Day)

Synopsis

Private property is a central institution in most Western political, social and legal systems. Property B aims to introduce students to this area of legal knowledge and to the historical, social, economic and political factors which have influenced its development. Property B aims to discuss the legal principles and policies relevant to the determination of disputes between persons claiming competing interests in property. In particular the unit aims to familiarize students with broad concepts and specific rules relating to statutory schemes of registration; concurrent ownership, security interests and competing interests in property.

Objectives

On completion of the unit, students should have:

1. extended their understanding of the different ways that the principal categories of property interests can be created at law and in equity, and the scope of thier enforceability;
2. examined and applied the rules governing the resolution of conflicting claims between holders of competing proprietary interests;
3. considered the ways in which the Torrens system of title registration affects the creation and enforcement of interests in registered land;
4. reflected on the role of historical, social and political factors in shaping modern proerty law;
5. refine and tested analytical and conceptual skills required of lawyers by resolving factual problems in the area of property law; and
6. strengthened their skills of case analysis, statutory interpretation, oral communication, teamwork, legal research, legal writing and self-directed learning.

Assessment

Research asssignment (2000 words): 25%
Examination (2 hours writing time plus 30 minutes reading and noting time): 75% OR Examination (2.5 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week plus one hour tutorial fortnightly

Prerequisites

LAW1100or Law1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102 ; LAW3401

Prohibitions

LAW3400