Handbook : Unit informationEdith Cowan University

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

• Unit Title

  Equity

• Unit Code

  LAW3103

• Year

  2015

• Enrolment Period

  1

• Version

  1

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

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Description

This unit involves a detailed examination of the doctrines and principles of Anglo-Australian equity as it refers to the body of cases, maxims, doctrines, rules, principles and remedies. It examines the separate body of law developed in the courts of Chancery, its contemporary operation within the judicature system and how this relates to achieving just outcomes for private disputes.

Prerequisite Rule

Students must pass 1 unit from LAW2312

Learning Outcomes

On completion of this unit students should be able to:

1. Apply the current doctrine and principles of Anglo-Australian Equity in answers to practical problems in examination conditions and in an assignment, so as to demonstrate an understanding of the relevant doctrines and principles of Anglo-Australian equity.
2. Demonstrate a knowledge of the nature and the extent of equitable estates and interests and how such estates and interests may be dealt with.
3. Determine the availability of equitable remedies, including specific performance, injunctions, constructive trusts, declarations of trust, rescission, rectification and equitable damages with particular attention to: breach of fiduciary relationship maxims of equity confidential information undue influence estoppel unconscionable bargains.
4. Discuss the history of the law of equity and its continued relevance today.
5. Discuss the nature and extent of fiduciary obligations.
6. Resolve equitable priorities of competing equitable claims.

Unit Content

1. Availability of equitable remedies, including specific performance, injunctions, rescission, rectification and equitable damages with particular attention to the following grounds for relief in equity: a. breach of a fiduciary relationship; b. confidential information; c. undue influence; d. estoppel; e. unconscionable bargains; and f. forfeiture and penalties.
2. The history of equity.
3. The nature and extent of equitable estates and interests and how such estates and interests may be dealt with.
4. The nature and extent of fiduciary obligations.

Additional Learning Experience Information

This unit will be offered in both on-campus and offcampus more. The on-campus mode involves a class contact commitment of a 3 hour Seminar per week for one semester. Regular online access and a headset with microphone are required for the off-campus mode. The off-campus unit is delivered via Blackboard and includes recorded lectures and online tutorials in live and text submission form.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

Text References

• ^ Radan, P., Stewart, C., & Lynch, A. (2013). Principals of Australian equity and trusts (2nd). Australia: LexisNexis Butterworth.
• Evans, M. (2011). Equity and trusts (3rd ed.) Chatswood, NSW: LexisNexis.
• Dal Pont, G E. (2011). Equity and trusts, commentary and materials (5th ed.) Sydney: Law Book Co.
• Dal Pont, G E. (2011). Equity and trusts in Australia (5th ed.) Sydney: Law Book Co.
• Finn, P.D. (Ed.). (1985). Essays in equity. Sydney: Law Book Co.
• Radan, P., Stewart, C., & Lynch, A. (2005). Butterworths tutorial series; Equity and trusts (2nd ed.) Sydney: Buttterworths.
• Glover, J. (2003). Equity, restitution and fraud. Chatswood, NSW: LexisNexis.
• McDermott, P. (1994). Equitable damages. Sydney: Butterworths
• McGee, J. (Ed.). (2004). Snell's equity (31st ed.) London: Sweet & Maxwell
• Martin, J.E. (1997). Hanbury and Martin modern equity (15th ed.) London: Sweet & Maxwell
• Parkinson, P. (2002). The principles of equity (2nd ed.) Sydney: Law Book Co.
• SIGNIFICANT STATUTES Property Law Act 1969 (WA) Trustees Act 1962 (WA) Supreme Court Act 1935 (WA)
• Glover, J. (1985). Commercial equity: Fiduciary relationships. Sydney: Butterworths.

^ Mandatory reference

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