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Not currently available in 2021
Unit description
The law places high value on stability of commercial transactions. Provided these comply with pre-established rules, transactions are normally final. However, in certain cases the common law and equity do permit unusually "troubling" transactions to be questioned because of misconduct by one party, or by later supervening events. This unit examines these exceptional cases and the underlying jurisprudential theory that gives them coherence.
Unit content
- Consequences of a Ponzi scheme
- Failure of a trust
- Court resolutions to disputes
- Mistake in formation of a contract or trust
- Equity’s response to misconduct by a fiduciary
- Mortgagee’s obligation to “account”
- Damages for a breach of a civil obligation
- Forms of equitable relief
- Remedies and processes
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.
| On completion of this unit, students should be able to: | |
|---|---|
| 1 | demonstrate an understanding of the theoretical bases upon which the Court may intervene in its common law and equitable jurisdictions to remedy a “failed” transaction |
| 2 | advise practically on the consequences of alternative actions |
| 3 | identify remedies available to prevent loss or damage to a party. |
| 4 | demonstrate an understanding of how the law of trusts, equity, and/or property remedy transactions ‘gone wrong' |
On completion of this unit, students should be able to:
- demonstrate an understanding of the theoretical bases upon which the Court may intervene in its common law and equitable jurisdictions to remedy a “failed” transaction
- advise practically on the consequences of alternative actions
- identify remedies available to prevent loss or damage to a party.
- demonstrate an understanding of how the law of trusts, equity, and/or property remedy transactions ‘gone wrong'
Teaching and assessment
Fee information
Domestic
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Fee paying courses
For postgraduate or undergraduate full fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees
International
Please check the international course and fee list to determine the relevant fees.