units

LAW3402

Faculty of Law

18 September 2017 22 November 2024
Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2013 (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.

Outcomes

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 their 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 property law
  5. refine and tested analytical and conceptual skills required of lawyers by resolving factual problems in the area of property law
  6. strengthened their skills of case analysis, statutory interpretation, oral communication, teamwork, legal research, legal writing and self-directed learning.

Assessment

Research Assignment (2000 words) 40% and examination (150 minutes plus reading and noting time of 30 minutes) 60% OR examination (150 minutes plus reading and noting time of 30 minutes) 100%.

Chief examiner(s)

Dr Patrick Emerton

Contact hours

Three hours of lectures per week plus weekly tutorials from weeks 5-12

Prerequisites

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

Prohibitions

LAW3400