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

    2017
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Anthony Joseph HEVRON

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. 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 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 relation to the availability of trusts as a remedy.

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.

ON CAMPUS
TypeDescriptionValue
ParticipationParticipation in Tutorials10%
AssignmentAn assignment or mid-semester test (at election of student)30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationParticipation in Tutorials (inc contributions to Discussion Boards)10%
AssignmentAn assignment30%
ExaminationFinal Examination60%

Core Reading(s)

  • Radan, P., & Stewart, C. (2013). Principles of Australian equity and trusts. (2nd ed.). Chatswood NSW: LexisNexis Butterworth.

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|1|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

    2017
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Anthony Joseph HEVRON

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. 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 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 relation to the availability of trusts as a remedy.

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.

ON CAMPUS
TypeDescriptionValue
ParticipationParticipation in Tutorials10%
AssignmentAn assignment or mid-semester test (at election of student)30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationParticipation in Tutorials (inc contributions to Discussion Boards)10%
AssignmentAn assignment30%
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.

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|1|2