Leader: Dr Elise Histed

Offered

City (Melbourne) Trimester 2 2008 (Day)

Synopsis

This subject gives students an understanding of the historical significance of the doctrine of equity. It will examine the increasing use by the courts of equitable doctrines in the areas of breach of confidence, fiduciary duties, unconscionable dealing, and in the development of legal remedies.

Objectives

On completion of this subject students will have:

1. acquired an understanding of the significance of equitable doctrines and principles in the contemporary Australian legal system;
2. acquired the ability to identify the potential application of equitable doctrines within factual situations which arise in legal practice;
3. developed the ability to argue persuasively for or against the application of appropriate equitable doctrines in cases where the applicability of such doctrine may not be settled;
4. further developed skills in caselaw analysis.

Assessment

Reserach Essay (2,500 - 3,000 words): 30%;
Final Examination (2 hours plus reading time): 70%.

Contact hours

2 hours per week x 12 weeks

Prerequisites

LAW7212 and LAW7265

Co-requisites

LAW7267

Prohibitions

LAW4169, LAW4201