LAW5445 · Commercial equity

Overview

This unit is designed to deepen general understanding of commercial equity by reference to its origins and early development. The unit examines the evolution of certain core equitable doctrines most relevant to commercial practice from their early recognition up to recent decisions of the High Court of Australia. This unit will build upon the study of equity in undergraduate and JD programmes. Complex concepts which are not covered in those programmes will be explored at an advanced level. Topics will be drawn from a selection of equitable doctrines relevant to commercial legal practice, such as injunctions and specific performance, trusts, equitable relief against performance of contractual obligations, fiduciary duties, and unconscionability.

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 understanding of the history of the Court of Chancery and the emergence and development of equitable principles relevant to commercial equity;
2. Apply knowledge of the guiding principles of equity, and the broader body of precedent, to the analysis of how those principles influence current and future developments of commercial equity in Australia;
3. Critically analyse the relationship between contemporary and commercial equitable doctrines and their historical evolution;
4. Communicate effectively and persuasively on complex matters in response to real-world commercial equity scenarios;
5. Investigate, identify and synthesize information relating to historical decisions in equity cases for the purposes of contemporary legal practice in commercial equity.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning 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.