Details for LAW108 Equity

Where the common law is rigid, equity softens the edges. Equity explores the origins and purpose of equitable jurisdiction and the doctrines that protect fairness: estoppel, undue influence, unconscionable dealing, fiduciary obligations and confidence. You’ll compare remedies from injunctions and specific performance to equitable compensation and tracing. You’ll finish able to analyse when equity steps in and how lawyers use it to remedy a wrong.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW108
• Credit points: 10

Subject Coordinator

Prerequisite

LAW101 Introduction to Law; LAW103 Legal Reasoning and Argument 

Unit Content

Outcomes

1. Explain what the law of equity is and how it operates.
2. Describe the fundamentals of equitable jurisdiction: its origin, purpose, and operation.
3. Apply and justify the doctrines of equity, including equitable estoppel, undue influence, unconscionable transaction, fiduciary obligations, and breach of confidence.
4. Apply and compare different equitable remedies, including specific performance, injunctions, declarations, equitable compensation, and damages in equity.
5. Critically analyse the role equity plays in the Australian legal system and reflect on the role of lawyers in seeking a remedy for a wrong.

Subject Content

1. The History of Equity
2. Equitable Maxims and Interests
3. Equitable Estoppel
4. Unconscionable Dealing
5. Undue Influence
6. Fiduciary Duties I
7. Fiduciary Duties II
8. Breach of Confidence
9. Equitable Defences
10. Equitable Remedies I: Compensation, Damages, and Account of Profits
11. Equitable Remedies II:  Constructive Trusts and Tracing
12. Equitable Remedies III: Injunctions, Specific Performance, Mareva and Anton Piller Orders
13. Examination

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Class Participation (15%)
2. Class Presentation (15%)
3. Case Analyses (20%)
4. Final Examination (50%)

Prescribed Text

• Gino Evan Dal Pont, Equity and Trusts in Australia (Thomson Reuters  8th ed, 2022) 
• Gino Evan Dal Point, Equity and Trusts: Commentary and Materials (Thomson Reuters , 8th ed, 2023) 
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks