Units / LAW5445
LAW5445 · Commercial equity
2027 Handbook6 credit pointsLevel 5Faculty of Law
Overview
This unit is designed to deepen your understanding of commercial equity. You will examine the evolution of certain core equitable doctrines most relevant to commercial practice and their application in contemporary contexts. Building on your foundational studies in equity, you will engage with complex concepts at an advanced level. You will explore a selection of equitable doctrines central to commercial legal practice, such as injunctions and specific performance, trusts, equitable relief against performance of contractual obligations, fiduciary duties, and unconscionability.
Offerings
| Campus | Teaching period | Mode |
|---|---|---|
| Monash Law Chambers | Second semester | Teaching activities are on-campus and in a block period (ON-BLK) |
Assessment
The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.
| # | Assessment | Type | Weight | Hurdle |
|---|---|---|---|---|
| 1 | Written assessment | Written | 45% | — |
| 2 | Research assignment | Written | 55% | — |
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
- Demonstrate understanding of the history of the Court of Chancery and the emergence and development of equitable principles relevant to commercial equity.
- 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.
- Critically analyse the relationship between contemporary and commercial equitable doctrines and their historical evolution.
- Communicate effectively and persuasively on complex matters in response to real-world commercial equity scenarios.
- Investigate, identify and synthesize information relating to historical decisions in equity cases for the purposes of contemporary legal practice in commercial equity.
Workload
The minimum total workload required to achieve the learning outcomes for this unit comprises a combination of scheduled learning activities and independent study appropriate for a 6 credit point unit. Learning activities may include teacher-directed learning, peer-directed learning, and online engagement.
| Activity | Duration |
|---|---|
| Workshops | 24 hours |
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