LAWS2202 Equity

The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.

Credit: 6 points Availability: Semester 1 Old unit code: 200.202

Outcomes: Students are able to (1) demonstrate, in particular contexts, the relationship between equity and the common law; (2) identify, state accurately, explain and apply relevant equitable doctrines and remedies; (3) locate, collate and summarise primary and secondary material on specified equitable doctrines; (4) critically analyse and evaluate cases by reference to those specified doctrines; (5) apply equitable principles in solving hypothetical legal problems; (6) use and cite correctly appropriate authorities in written work; (7) demonstrate a willingness and ability to contribute meaningfully and responsibly to class discussions; and (8) use effective oral communication skills.

Content: This unit is an introduction to the principles of equity which supplement and complement the common law. A key aim is to explore the relationship between the various equitable doctrines considered in the unit, as well as to locate those equitable doctrines within the wider legal landscape. The unit contains a detailed examination of the law relating to fiduciary relationships, breach of confidence, unconscionable dealing, illegitimate pressure, undue influence, estoppel and equitable remedies.

Assessment: This comprises a case analysis exercise (40 per cent), tutorial participation (10 per cent) and a final examination (50 per cent).

Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.

Unit Co-ordinator(s): Natalie Skead

Location: UWA (Crawley)

Mode: on-campus

Unit Rules:

Prerequisites: LAWS1130 Legal Process and LAWS1102 Contract II

Contact hours—lectures: 2 hrs per week; tutorials: 1 hr per fortnight

Unit Web Page: http://www.uwa.edu.au/page/98520

Note: Some unit web pages are still under construction and will be available in 2009.

Texts

Dal Pont, G. and Chalmers, D. Equity and Trusts in Australia and New Zealand, 4th ed.: Lawbook Co. 2007

Recommended Reading

Heydon, J. D. and Loughlan, P. Cases and Materials on Equity and Trusts, 6th ed.: Butterworths 2002

Parkinson, P., ed. The Principles of Equity, 2nd ed.: Lawbook Co. 2002

Radan, P. et al. Butterworths Tutorial Series: Equity and Trusts, 2nd ed.: Butterworths 2005

Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studysmarter.uwa.edu.au/). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.

Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.

Unit Resources

Unit Coordinator

Natalie Skead