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  2. Equity [LAW3103]

School: Business and Law

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

    2021

  • Enrolment Period

    1

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

Description

This unit involves a detailed examination of the doctrines and principles of Anglo-Australian equity, derived from the body of cases, maxims, doctrines, rules, principles and remedies. This unit examines this separate body of law developed in the courts of Chancery and its contemporary operation.

Prerequisite Rule

Students must pass 1 unit from LAW2312

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse and evaluate the current doctrine and principles of Anglo-Australian Equity so as to solve 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. 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.
  3. Resolve equitable priorities of competing equitable claims.
  4. Demonstrate a knowledge of the nature and the extent of equitable estates and interests and how such estates and interests may be dealt with.
  5. Discuss the nature and extent of fiduciary obligations.
  6. Discuss the history of the law of equity and its continued relevance today.

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 nature and extent of fiduciary obligations.
  3. The nature and extent of equitable estates and interests and how such estates and interests may be dealt with.
  4. The history of equity.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECUs LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 2 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECUs LMS as well as additional ECU l

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On campus students are attend a three-hour seminar or lecture/tutorial per week. Off-campus students will access the unit via Blackboard. Regular online access is required. Online tutorials will make use of technology that requires participants to use a headset with microphone. Tutorial discussions provide an opportunity for students to construct and substantiate persuasive legal arguments in response to hypothetical factual scenarios.

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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
ParticipationParticipation 10%
AssignmentAssignment30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationParticipation 10%
AssignmentAssignment30%
ExaminationFinal Examination60%

Core Reading(s)

  • Radan, P., & Stewart, C. (2019). Principles of Australian equity and trusts (Fourth edition.). Chatswood, NSW: LexisNexis Butterworths. Retrieved from https://ecu.on.worldcat.org/oclc/1078277177

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3103|2|1

School: Business and Law

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

    2021

  • Enrolment Period

    2

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

Description

This unit involves a detailed examination of the doctrines and principles of Anglo-Australian equity, derived from the body of cases, maxims, doctrines, rules, principles and remedies. This unit examines this separate body of law developed in the courts of Chancery and its contemporary operation.

Prerequisite Rule

Students must pass 1 unit from LAW2312

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse and evaluate the current doctrine and principles of Anglo-Australian Equity so as to solve 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. 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.
  3. Resolve equitable priorities of competing equitable claims.
  4. Demonstrate a knowledge of the nature and the extent of equitable estates and interests and how such estates and interests may be dealt with.
  5. Discuss the nature and extent of fiduciary obligations.
  6. Discuss the history of the law of equity and its continued relevance today.

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 nature and extent of fiduciary obligations.
  3. The nature and extent of equitable estates and interests and how such estates and interests may be dealt with.
  4. The history of equity.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECUs LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 2 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECUs LMS as well as additional ECU l

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On campus students are attend a three-hour seminar or lecture/tutorial per week. Off-campus students will access the unit via Blackboard. Regular online access is required. Online tutorials will make use of technology that requires participants to use a headset with microphone. Tutorial discussions provide an opportunity for students to construct and substantiate persuasive legal arguments in response to hypothetical factual scenarios.

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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
ParticipationParticipation 10%
AssignmentAssignment30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationParticipation 10%
AssignmentAssignment30%
ExaminationFinal Examination60%

Core Reading(s)

  • Radan, P., & Stewart, C. (2019). Principles of Australian equity and trusts (Fourth edition.). Chatswood, NSW: LexisNexis Butterworths. Retrieved from https://ecu.on.worldcat.org/oclc/1078277177

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3103|2|2