Studying online

There are now 2 possible online modes for units:

Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.

Click on an offering mode for more details.

Unit Overview

Description

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 and undue influence. 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.

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 1UWA (Perth)Face to face
Outcomes

Students are able to (1) identify, state accurately, explain and apply relevant equitable doctrines and principles of Trusts law, both orally and in writing; (2) describe accurately and explain, in particular contexts, the relationship between Equity and the common law; (3) critically read, analyse and evaluate cases by reference to specified equitable doctrines and remedies; (4) use and cite correctly appropriate authorities in written work; (5) contribute meaningfully and responsibly to class discussions; and (6) use effective oral communication skills.

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.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Elise Bant
Unit rules
Prerequisites
Successful completion of
LAWS4103 Contract
and LAWS4107 Land Law
and LAWS4104 Property Law For students enrolled in the JD
Successful completion of
LAWS4106 Torts (recommended prior study for MLP)
Contact hours
4 hours per week
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.