LAW4567 · Equitable issues in property dealings

Overview

This unit explores equitable issues arising in transactions dealing with property in both domestic and commercial scenarios. Topics may include vitiating factors and third-party impropriety in contracts, particularly those concerning the family home; duress, undue influence and unconscientious dealings; the rule in Yerkey v Jones; promissory and proprietary estoppel; and breach of confidence, including trade secrets and non-disclosure agreements. Through legal case studies, class discussion, group activities, and written assignments, you will develop the knowledge and skills to identify legal issues and apply the law in practical contexts. This unit will analyse ongoing developments in Australian jurisprudence.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Demonstrate an advanced and integrated understanding of equitable issues in property and contract law within the Australian legal system, the broader contexts within which legal issues arise; the principles and values of justice; and contemporary developments in law.
2. Identify and articulate complex legal issues at the intersection of common law, equitable and statutory regimes; engage in critical analysis and balance practical, policy and theoretical perspectives through cognitive and creative skills.
3. Apply the intellectual and practical skills needed to interpret legal conclusions, as well as to research, evaluate and synthesise relevant information from appropriate sources.
4. Communicate in ways that are effective, cohesive and persuasive for legal and non-legal audiences.

Workload

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.

Student experience, not official rules. Nothing here changes what the Handbook says.