LAWS5103 Equity and Trusts
- 6 points
Availability Location Mode Semester 1 UWA (Perth) Face to face
- 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.
- 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.
- 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
- Contact hours
- 4 hours per week
- Unit Outline
- Semester 1_2019 [SEM-1_2019]
Dal Pont, G. Equity and Trusts in Australia 6th ed: Thompson Law Book Co. 2015
- 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.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.