LAWS5103 Equity and Trusts

Credit
6 points
Offering
(see Timetable)

If this unit does not have an online alternative, then students who are presently unable to enter Western Australia and whose studies would be delayed by an inability to complete this unit, should contact the unit coordinator (details given on this page) to ascertain, on an individual case-by-case basis, if alternate arrangements can be made to support their study in this unit.

AvailabilityLocationMode
Semester 1UWA (Perth)Face to face Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
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, 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) 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) evaluate cases by reference to specified equitable doctrines and remedies; (4) 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 and Assistant Professor Tracey Atkins
Unit rules
Prerequisites:
LAWS4101 Foundations of Law and Lawyering, LAWS4104 Property and LAWS4103 Contract
Contact hours
4 hours per week
Texts

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

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  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.