Unit description
Provides the opportunity to research and analyse the development of equity and examine equitable doctrine including fiduciary obligations, duty of confidence, assignments and equitable interests. Students will also have the opportunity to research and analyse key legal principles relating to express, resulting and constructive trusts.
Unit content
Topic 1: The history and nature of equity
Topic 2: Fiduciary duties
Topic 3: Duty of confidence
Topic 4: Equitable estates and interests
Topic 5: Law of assignments
Topic 6: Introduction to trusts
Topic 7: Creation of express trusts
Topic 8: Variation and termination of express trusts
Topic 9: Duties, powers and rights of trustees
Topic 10: Resulting trusts
Topic 11: Constructive trusts
Topic 12: Equitable remedies
Learning outcomes
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
Learning outcomes and graduate attributes
GA1: Intellectual rigour,
GA2: Creativity,
GA3: Ethical practice,
GA4: Knowledge of a discipline,
GA5: Lifelong learning,
GA6: Communication and social skills,
GA7: Cultural competence| On completion of this unit, students should be able to: | GA1 | GA2 | GA3 | GA4 | GA5 | GA6 | GA7 |
|---|
| 1 | demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law; | | | | Knowledge of a discipline | | | |
| 2 | explain the reasons for a distinctive equitable jurisdiction, and the
significance of equitable doctrines and remedies in law; | Intellectual rigour | | | Knowledge of a discipline | | | |
| 3 | apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts; | Intellectual rigour | | | Knowledge of a discipline | | | |
| 4 | apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics; | Intellectual rigour | Creativity | | Knowledge of a discipline | | | |
| 5 | identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient; | | Creativity | | Knowledge of a discipline | | | |
| 6 | demonstrate an ability to learn and work independently within broad parameters as defined by the assessment requirements. Included here is the capacity to find, access, manage and evaluate sources of information relevant to equity and trust law issues; | Intellectual rigour | Creativity | | | | | |
| 7 | communicate appropriately and effectively, through the use of well-written, clear and logical language that is supported with appropriate references. | Intellectual rigour | Creativity | | | | | |
On completion of this unit, students should be able to:
- demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law;
- GA4:
Knowledge of a discipline
- explain the reasons for a distinctive equitable jurisdiction, and the
significance of equitable doctrines and remedies in law;
- GA1:
Intellectual rigour
- GA4:
Knowledge of a discipline
- apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts;
- GA1:
Intellectual rigour
- GA4:
Knowledge of a discipline
- apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics;
- GA1:
Intellectual rigour
- GA2:
Creativity
- GA4:
Knowledge of a discipline
- identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient;
- GA2:
Creativity
- GA4:
Knowledge of a discipline
- demonstrate an ability to learn and work independently within broad parameters as defined by the assessment requirements. Included here is the capacity to find, access, manage and evaluate sources of information relevant to equity and trust law issues;
- GA1:
Intellectual rigour
- GA2:
Creativity
- communicate appropriately and effectively, through the use of well-written, clear and logical language that is supported with appropriate references.
- GA1:
Intellectual rigour
- GA2:
Creativity
Prescribed texts
Prescribed texts may change in future study periods.