Course overview
This course considers the application of equitable principles to modern commercial life. Issues that may be looked at include: commercial fiduciaries, including joint venturers; equitable security transactions, with particular regard to Romalpa clauses; subrogation and contribution; set-off; marshalling; trusts in a commercial context: trusts and superannuation; the Quistclose trust; the imposition of constructive trusts into commerce; commercial trustees; commercial equitable remedies, particularly Mareva injunctions and Anton Piller orders.
Course learning outcomes
- Analyse, evaluate and apply advanced principles of equity law in a commercial context, undertake legal research using a range of primary and secondary materials at a foundational level
- Identify relevant legal issues and apply relevant legal principles to generate solutions to complex problems relating to equitable dealings in commercial settings
- Develop well-structured, cohesive and persuasive written arguments for a legal audience
- Exercise judgement in the identification and application of relevant legal principles to a commercial equity dispute in an academic environment
- Embody professionalism and ethical behaviour in providing legal advice in an academic environment
- Use reflection and feedback to inform development of the capacity to effectively analyse problems and apply relevant legal principles to generate meaningful solutions