Available in 2024
Course code

LAWS4010

Units

10 units

Level

4000 level

Course handbook

Description

The course introduces the concepts and principles which have been developed by the courts in the exercise of equitable jurisdiction. It examines the history of equity, the concept of the "fusion fallacy", assignments, equitable dispositions and the requirement of writing, confidential information, fiduciary obligations, the concept of the trust, express trusts, charitable trusts, resulting trusts, constructive trusts and equitable remedies.


Availability2024 Course Timetables

Newcastle City Precinct

  • Semester 1 - 2024

Learning outcomes

On successful completion of the course students will be able to:

1. Demonstrate a comprehensive knowledge of the history, concepts and principles of equity and trusts law.

2. Analyse the role of equitable interests within our legal system and evaluate the origins, principles, and justifications for equitable rights and actions.

3. Identify the various types of equitable interest in NSW and explain how these interests are created, transferred and extinguished.

4. Identify and apply legal principles using case law and statute to resolve practical problems in the area of equity and trusts law.


Content

Topics covered may include:

  1. Introduction to Equity - Historical origins and General Principles
  2. Introduction to Equity - Fusion Fallacy
  3. Assignments
  4. Equitable Dispositions and the Requirement of Writing
  5. Confidential Information
  6. Fiduciary Obligations
  7. Introduction to Trusts
  8. Express Trusts
  9. Variation and Termination of Trusts
  10. Charitable Trusts
  11. Resulting Trusts
  12. Constructive Trusts

Requisite

This course is only available to students enrolled in the programs:

[12340] Bachelor of Arts/Bachelor of Laws (Honours)

[12341] Bachelor of Social Science/Bachelor of Laws (Honours)

[12342] Bachelor of Communication/Bachelor of Laws (Honours)

[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)

[12346] Bachelor of Science/Bachelor of Laws (Honours)

[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice

[12348] Bachelor of Laws (Honours)

[40036] Bachelor of Business/Bachelor of Laws (Honours)

[40037] Bachelor of Commerce/Bachelor of Laws (Honours)

[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)

[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)

[40150] Bachelor of Arts/Bachelor of Laws (Honours)

[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)

[40189] Bachelor of Science/Bachelor of Laws (Honours)

[40272] Bachelor of Criminology/Bachelor of Laws (Honours)

[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)

[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)

[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours)

[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)


Assumed knowledge

LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030, LAWS3040, LAWS3041, LAWS4005, and LAWS4011


Assessment items

Essay: Research Essay

3 hr Formal Examination: Formal examination run by exams in examination period (open book)

Tutorial / Laboratory Exercises: Seminar Engagement and participation


Contact hours

Semester 1 - 2024 - Newcastle City Precinct

Online Activity-1
  • Online 1 hour(s) per week(s) for 13 week(s) starting in week 1
Seminar-1
  • Face to Face On Campus 2 hour(s) per week(s) for 13 week(s) starting in week 1

Course outline