units

LAW4169

Faculty of Law

18 September 2017 02 May 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 First semester 2013 (Day)
Clayton Second semester 2013 (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.

Outcomes

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 written assignment (2000) words: 40% AND exam (2 hour writing time plus 30 minutes reading and noting time): 60%.

Chief examiner(s)

Dr Richard Joyce (First Semester)
Dr Patrick Emerton (Second Semester)
Ms Nadine Huels (Summer Semester)

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 and LAW2102

Co-requisites

LAW3401