units

LAW3111

Faculty of Law

18 September 2017 26 April 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Clayton

  • First semester 2016 (Day)
  • Second semester 2016 (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 relationships and breach of fiduciary duty, third party liability and tracing, personal and proprietary remedies in equity and equitable defences.

Outcomes

At the successful completion of this unit students should be able to:

  1. articulate and critically analyse the key doctrines of equity, their relationship to common law, their development in Australia, and their theoretical underpinnings, with reference to international and comparative perspectives;
  2. engage in critical analysis and make reasoned and appropriate choices among alternatives;
  3. demonstrate cognitive skill, creativity and professional judgement to research and synthesise relevant legal and practical issues, to interpret and evaluate professional conclusions, and to formulate appropriate responses to complex legal problems;
  4. communicate and collaborate effectively orally and in writing;
  5. learn and work with autonomy, independence and professionalism, and reflect on and asses their own capabilities and performance.

Assessment

(1) Doctrinal analysis task: 1,000 words (25%)
(2) Tutorial attendance and participation (10%)
(3) Final examination: (2 hour writing time plus 30 minutes reading and noting time) (65%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Patrick Emerton (First Semester)
Dr Vicki Vann (Second Semester)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111
For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3112

For students who commenced their LLB prior to 2015:
LAW3401