LAW5008 · Principles of equity

Overview

The 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: equitable assignments, breach of confidence, fiduciary relationships and breach of fiduciary duty, third party liability and tracing, personal and proprietary remedies in equity and equitable defences.

Offerings

Assessment

The Handbook lists an examination for this unit.

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

Requisites

Learning outcomes

1. Demonstrate an advanced and integrated understanding of key doctrines of equity (including principles and standards), their relationship to common law, their historical development and trajectories, and their theoretical underpinnings;
2. Interpret and evaluate professional conclusions convincingly and make supported reasoned and appropriate choices among alternatives;
3. Evaluate both jurisprudential and practical considerations, in order to generate compelling and detailed responses to complex factual scenarios;
4. Communicate persuasively and with a high level of coherence in both written and oral modes for a range of audiences; and
5. Demonstrate comprehensive and insightful and critical analysis, resulting in astute evaluations and the formulation of nuanced, in-depth and compelling arguments and/or judgements.

Workload

Students enrolled in this unit will be provided with 36 contact hours of workshops per teaching period. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

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