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.

Please note that there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2023 Units. All assessment changes will be published by 20th February 2023. All students are reminded to check the handbook at the beginning of semester to ensure they have the correct outline.

  • Unit Title

    Equity
  • Unit Code

    LAW3103
  • Year

    2023
  • 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 ECU's 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 via ECU’s LMS as well as additional ECU learning technologies

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 LMS. 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%

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.

Assessment

Students please note: The marks and grades received by students on assessments may be subject to further moderation. Informal vivas may be conducted as part of an assessment task, where staff require further information to confirm the learning outcomes have been met. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work as well as any generative artificial intelligence tools that may have been used. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people or generative artificial intelligence tools, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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

    2023
  • Enrolment Period

    2
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Kenneth YIN

Description

This unit aims to introduce students to the principles of Australian equity. The unit examines equitable principles and remedies and their relationship with common law principles. It involves a detailed examination of the doctrines and principles of Australian equity derived from the body of cases, maxims, doctrines, rules, principles and remedies.

Prerequisite Rule

Students must pass 1 unit from LAW2312

Learning Outcomes

On completion of this unit students should be able to:

  1. Identify the doctrine and principles of Australian Equity to solve problems concerning equitable principles.
  2. Apply equitable remedies applicable in given factual scenarios.
  3. Solve equitable priorities for competing claims.
  4. Exercise critical thinking and judgement to apply equitable knowledge to factual scenarios.

Unit Content

  1. Availability of equitable remedies.
  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.

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%

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.

Assessment

Students please note: The marks and grades received by students on assessments may be subject to further moderation. Informal vivas may be conducted as part of an assessment task, where staff require further information to confirm the learning outcomes have been met. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work as well as any generative artificial intelligence tools that may have been used. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people or generative artificial intelligence tools, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW3103|3|2