LAWS5103 Equity and Trusts

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 1UWA (Perth)Face to face
Content
This unit introduces students to the principles of equity, which supplements and complements the common law, and the law of trusts. It discusses the development of equity in the Courts of Chancery and the relationship between equity and the common law. In doing so, students examine a number of equitable doctrines including fiduciary relationships, breach of confidence, unconscionable bargains, illegitimate pressure, undue influence and estoppel. The unit also introduces students to the nature and the essential characteristics of the trust and the usefulness of the trust in modern society. It examines the formal and substantive requirements for the creation of a trust as well as the principal features of trustees' powers and duties and trustee and beneficiary rights. The class discussions include an examination of equitable remedies, with a key aim of the unit being to explore the relationship between equitable doctrines and equitable remedies and to locate the place of equitable doctrines and remedies within the wider Australian legal landscape.
Outcomes
Students are able to (1) state accurately and apply relevant equitable doctrines and principles of Trusts law, both orally and in writing; (2) explain, in particular contexts, the relationship between Equity and the common law; (3) critically analyse and evaluate cases by reference to specified equitable doctrines and remedies; (4) use and cite correctly appropriate authorities in written work; and (5) demonstrate effective oral communication including meaningful contribution and responsibly to class discussions.
Assessment
Indicative assessments in this unit are as follows: (1) tutorial participation; (2) case analysis; and (3) final exam. Further information is available in the unit outline.

Supplementary assessment is not available in this unit.
Unit Coordinator(s)
Professor Natalie Skead
Unit rules
Prerequisites:
LAWS4101 Foundations of Law and Lawyering, LAWS4104 Property, LAWS4107 Land Law
and
LAWS4103 Contract
Contact hours
4 hours per week
Unit Outline
Semester 1_2019 [SEM-1_2019]
Texts

Dal Pont, G. Equity and Trusts in Australia 6th ed: Thompson Law Book Co. 2015

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