Equity and Trusts

Course code LAWS4010
Available in 2015
2015 Course Timetables

Description

Introduces the concepts and principles which have been developed by the courts in the exercise of the equitable jurisdiction.

Course 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.

Availability

Callaghan Campus

  • Semester 2 - 2015

Learning Outcomes

1. Equip with knowledge / foster deep understanding.

2. Extend student knowledge and understanding of various aspects of equity.

3. Critical examination.

4. Analysis and application of principles of law in context of the study of equity and the study of trusts.

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

Requisites

This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.

Assumed Knowledge

LAWS1001A, LAWS1001B, LAWS1003A, LAWS1003B, LAWS2004A, LAWS2004B, LAWS3004A, LAWS3004B, LAWS4005, LAWS4011

Assessment Items

Essay: Research Essay

Formal Examination: Take home examination

Tutorial / Laboratory Exercises: Tutorial Engagement and participation

Contact Hours

Lecture

Face to Face On Campus 2 hour(s) per Week for Full Term

Seminar

Face to Face On Campus 2 hour(s) per Week for Full Term