Handbook 1996 : Faculty of Law (Volume 3 page 214)
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Compulsory Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law.
Corequisite: Property Law.
Contact: 4 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should: be familiar with the principal equitable doctrines and remedies; understand the relationship between equity and common law, and how equity is administered in modern times; be able to analyse critically recent Australian developments in equity jurisprudence; and understand the trust, its origins and purposes, the principal types of trust, and the methods of creation and enforcement of trust obligations.
Content:
Equity. The nature of equity. The idea of Equity, historical development, some equitable themes. Equitable rights, titles and interests. Equitable assignments. The role of unconscionability in Equity. Undue influence and its relationship to unconscionability. Some equitable relationships: fiduciary relationships and breach of confidence. Estoppel in equity. Equitable remedies including specific performance, injunctions, the declaration and damages in equity. The significance of the distinction between personal and proprietary remedies.Trusts. (Note: at least half the course will be devoted to trusts. ) Introduction to the concept of the trust and its modern functions. An analysis of the nature of beneficial interests. Creating a trust: declaration of trust and the vesting of trust property in trustees. Formalities. The significance of the distinction between present and future property. Prerequisites of a valid trust. The requirement of certainty. Trusts and public policy: illegal trusts and the consequences of illegality. Charitable trusts and non-charitable purpose trusts. Trusts and domestic relationships: resulting and constructive trusts. Constructive trusts in a commercial context: the liability of agents and strangers as constructive trustees. Termination and variation of trusts. Trustees duties and powers, including investment, apportionment and the power to appoint agents. Remedies of breach of trust.
Assessment:
Either Research Paper 5,000 words (50 per cent) and Final Exam 2 Hour (50 per cent) or Final Exam 3 Hour (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 214)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.