LAW4169 - Equity 406
6 points, SCA Band 3, 0.125 EFTSL
Undergraduate Faculty of Law
Leader(s): Patrick Emerton
Offered
Clayton First semester 2009 (Day)
Clayton Term 1 2009 (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: breach of confidence, fiduciary relations, estoppel, equitable property rights 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 Reflective essay (1200 words): 15% AND Practical exercise (2000 words): 25% AND Exam (2 hour writing time plus 30 minutes reading and noting time): 60%)
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