730-419 Applications of Equity

Torts and the Process of Law; History and Philosophy of Law I and II.

Equity and Trusts

Topics include the meaning of equity in common law and civil law systems; the relationship of equity to the common law, including issues of fusion, or integration, of common law and equitable doctrine and remedies; an analysis of distinctive equitable concepts, including unconscionability, and of the nature of equitable discretion; and an examination of recent theoretical debates, including the 'morality' of equity and whether equitable doctrine is 'efficient'.

Case studies of the application of the principal equitable doctrines will be examined including undue influence, unconscientious dealings (for example, in relation to guarantees); fiduciary relationships (in particular, the expansion of fiduciary relationships); the equitable principles relating to breach of confidence; equitable assignments; estoppel; relief against penalties and forfeitures. Equitable remedies, both personal and proprietary, will be considered. The case studies will exclude material covered in Equity and Trusts (730-357) and Remedies.

Finally, the relationships between equitable obligations and common law obligations (contract, tort, unjust enrichment) will also be considered, and 'frontier problems', for example the liability of professional advisers in contract, tort and for breach of fiduciary obligation, will be examined.

Note: The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.

Either an optional research essay 5000 words (50%) and final exam (50%); OR a final exam (100%).

• Either Dal Pont, Chalmers and Maxton, Equity and Trusts. Law Book Co.
  or
  Heydon and Loughlan, Cases and Materials on Equity. Butterworths.