Equity and trusts 412
Mr B Dwyer
12 points
* Three 1-hour lectures per week
* 1-hour tutorial per
fortnight
* Full-year subject
* Clayton
* Prerequisites: LAW2100
and LAW3400
* Duplication of subjects: a candidate who has completed
Property II gains no credit towards his or her degree by subsequently
completing LAW4201
Objectives Students who successfully complete this subject should be able to (1) apply key equitable doctrines and concepts to factual problems; (2) explain the function and significance of modern equity; (3) advise as to the circumstances in which a trust should be created; (4) advise as to the methods by which a trust may be established; (5) advise as to the proper administration of trusts; and (6) analyse legal materials and communicate the result of that analysis in clear, precise English.
Synopsis This course consists of two parts. The first part is concerned with general equitable doctrines, including the nature of equity and its techniques, unconscientious dealing, undue influence, misrepresentation, estoppel, penalties, relief from forfeiture, fiduciary relations, equitable property and equitable remedies. The second part of the course is concerned with the law of trusts. It discusses the rights, powers and duties of trustees, the rights of beneficiaries, trust structures and their functions, constitution of trusts, trust property, objects of trusts, and delegation of testamentary powers.
Assessment Written assignment (3000 words): 30%
* Final examination
(3 hours): 70%
Texts
Heydon J, Gummow W and Austin R Cases and materials on equity and trusts 4th edn, Butterworths, 1993
Trustee Act 1958
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