Unit details

LAWS4104 Property

Credit

6 points

Offering
(see Timetable)

Availability	Location	Mode
Semester 1	UWA (Perth)	Face to face

Content

This unit introduces the concept of property by considering questions regarding 'what is property?' and 'what things are capable of being the object of property rights?' It explains the importance of possession in property law and considers this in the context of real and personal property. It identifies and explains fundamental principles of land law including the physical dimensions of real property; the doctrine of tenure and estates; and aboriginal rights to land at common law. Students also explore the different ways in which proprietary interests in real and personal property may be created and transferred including by consent; without consent and by the operation of general equitable principles. The unit concludes with an examination of the priority rules to resolve disputes between competing interests in land and the law of co-ownership. The unit fosters a critical and analytical approach to examining property law principles. Where appropriate, it explores the social, political, economic and historical context of, and the ethical issues that arise in, property law. Students advance the core legal skills of problem solving; statutory interpretation; effective oral communication skills; and clear, concise and persuasive written legal arguments.

Outcomes

Students are able to (1) demonstrate understanding by applying principles of real and personal property law to solve hypothetical legal problems; (2) evaluate comparative contexts of property law, particularly native title law; (3) analyse developments in property law including issues concerning the concept of property, the subject matter of property rights and native title; (4) critique alternative ethical responses to property issues and make appropriate and justified choices from the alternatives identified; and (5) create clear, concise and persuasive legal arguments using correct and plain English both orally and in writing.

Assessment

Indicative assessments in this unit are as follows: (1) class participation; (2) assignment; and (3) examination. Further information is available in the unit outline.

For units commencing in May 2022 or later the availability of the supplementary assessment is subject to confirmation.

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

Except where supplementary assessment is not available in a unit, it will be offered to students in all units who:

• Are in good academic standing overall;
• Have passed over half the units taken in the teaching period concerned, except where they are only enrolled in two or less units in the period;
• Have submitted all assessment items in the unit;
• Have achieved a mark between 45 and 49 for the unit overall, or the same mark in any failed component item in the unit; and
• No finding of academic misconduct has been made against them in the unit concerned.

Additionally student may apply for supplementary assessment in any unit which is the final unit required for graduation in there course and where they have achieved a mark between 45 and 49 for the unit overall, or the same mark in any failed component item in the unit.

Unit Coordinator(s)

Natalie Brown

Unit rules

Prerequisites:

Nil

Co-requisites:

LAWS4103Contract

Incompatibility:

Nil.

Contact hours

4 hours per week

Recommended text

Moore, A., Grattan, S. and Griggs, L., Australian Real Property Law, 7th edn: Thomson Reuters 2020