Equity and Trusts Law (11785.1)

This unit introduces 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 -
(a) the broad theoretical basis, and historical origins, of equity and its social context;
(b) the relationships between equity and the common law; and between equity and statute;
(c) the distinction between equitable doctrines and equitable remedies;
(d) when a fiduciary relationship arises and the obligations of a fiduciary;
(e) the equitable doctrines about unconscionable dealings;
(f) the role of equity in developing the trust; the rules for creating trusts; the various types of trust; the obligations, powers and rights of trustees; and the rights of beneficiaries.
(g) the range of equitable remedies and defences; and remedies and defences for breach of trust;
(h) the rules about equitable assurances and assignments.

Learning outcomes

Upon successful completion of this unit, students will be able to:
1. Explain and apply the principal doctrines, defences 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
4. Demonstrate effective legal communication, research and analytical 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
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
3. UC graduates are lifelong learners - be self-aware
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - apply their knowledge to working with Indigenous Australians in socially just ways

Prerequisites

This unit is only available to students in a Bachelor of Law course. Students must have passed 11251 Foundations of Law and Justice.

Corequisites

None.

Incompatible units

11442 Equity Law PG

Equivalent units

11283 Equity Law, 7029 Equity Law

Assumed knowledge

None.