LAW4169 - Equity 406

Leader: Patrick Emerton

Offered

Clayton First semester 2008 (Day)
Clayton Term 1 2008 (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 unit 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

Exam (3 hour writing time plus 30 minutes reading and noting time) (100%) OR Exam (2 hour writing time plus 30 minutes reading and noting time) (65%)
2800 word essay (35%)

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 or LAW2102

Co-requisites

LAW3401