Availabilities:

Not offered 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

  1. Consequences of a Ponzi scheme
  2. Failure of a trust
  3. Court resolutions to disputes
  4. Mistake in formation of a contract or trust
  5. Equity’s response to misconduct by a fiduciary
  6. Mortgagee’s obligation to “account”
  7. Damages for a breach of a civil obligation
  8. Forms of equitable relief
  9. 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:
1demonstrate an understanding of the theoretical bases upon which the Court may intervene in its common law and equitable jurisdictions to remedy a “failed” transaction
2advise practically on the consequences of alternative actions
3identify remedies available to prevent loss or damage to a party.
4demonstrate 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:

  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'

Teaching and assessment

Notice

Intensive offerings may or may not be scheduled in every teaching period. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the teaching period.

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.

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