Equity and Trusts Law PG (11755.1)

This unit introduces graduate students to the law of Equity and Trusts.
It covers the equitable doctrines and equitable remedies, the nature of the trust, the concept of fiduciary duties, the nature of trustees, and an introduction to succession. It deals with the broad theoretical basis, and historical origins, of equity and its social context; the relationships between equity and the common law, and between equity and statute; the distinction between equitable doctrines and equitable remedies; when a fiduciary relationship arises and the obligations of a fiduciary; the equitable doctrines about unconscionable dealings. It also deals with the role of equity in developing the trust, the rules for creating trust and the various types of trust; the obligations, powers and rights of trustees, and the rights of beneficiaries; the range of equitable remedies and defences, and remedies and defences for breach of trust; the rules about equitable assurances and assignments.

Learning outcomes

On successful completion of this unit, students will be able to:
1. Explain and apply the principal doctrines and remedies of equity and the law of trusts;
2. Critically analyse equitable principles and institutions in their historical and social context, and the potential for future development of those principles and institutions;
3. Exercise independent judgement and advise on the application of equitable principles (including the law of trusts) in given fact situations; and
Demonstrate effective legal communication, research and negotiation skills and apply them to equity and trust law problems.

Graduate attributes

1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - communicate and engage with Indigenous Australians in ethical and culturally respectful ways

Prerequisites

11751 Legal Methods and Skills G AND 11752 Legal Systems G

Corequisites

None.

Incompatible units

11283 Equity Law

Equivalent units

11442 Equity Law PG, 7227 Equity G

Assumed knowledge

None.