Course overview
The course will begin by considering the historical basis and development of equity. The following areas will then be examined in detail: 1) equitable estoppel; 2) fiduciary obligations; 3) express trusts; (4) resulting and constructive trusts; (5) undue influence and (6) unconscionable conduct or catching bargains. Particular attention will be paid to the creation of express trusts, the rights, powers and duties of trustees, and remedies for breaches of trust and fiduciary obligation.
Course learning outcomes
- Apply and evaluate the principles of equity, engaging actively with both primary and secondary materials
- Resolve complex equity problems, engaging in advanced critique of the operation of equity from a theoretical perspective
- Structure and sustain concise and persuasive written arguments for a legal audience
- Exercise appropriate judgement in conducting and analysing legal research and applying principles of equity
- Analyse the impact and operation of equity from a social and policy perspective, in the context of social and cultural diversity
- Research, apply and evaluate the principles of express trusts, including the duties, rights and powers of trustees and the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries, engaging actively with both primary and secondary materials
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