LAW 2502 - Equity

North Terrace Campus - Semester 1 - 2014

Historical basis of equity, as well as equitable rights, titles and interests in property, will be considered. The course will examine in detail major equitable doctrines or principles: 1) unconscionable conduct (which include estoppel and unconscionable transactions ; 2) fiduciary relationships; 3) trust: express (which discusses trust accounting), resulting and constructive. In trusts particular reference will be paid to the various types of trusts and the manner and form of their creation and variation. Further, the duties, rights and powers of trustees will be included, as will be the consequences of breach of trust. Particular emphasis will be placed throughout the course upon remedies, both specific and monetary. Other equitable doctrines such as breach of confidence will be considered.

  • General Course Information
    Course Details
    Course Code LAW 2502
    Course Equity
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Prerequisites LAW 1506
    Incompatible LAW 2005
    Restrictions Available to LLB students only
    Course Description Historical basis of equity, as well as equitable rights, titles and interests in property, will be considered. The course will examine in detail major equitable doctrines or principles: 1) unconscionable conduct (which include estoppel and unconscionable transactions ; 2) fiduciary relationships; 3) trust: express (which discusses trust accounting), resulting and constructive. In trusts particular reference will be paid to the various types of trusts and the manner and form of their creation and variation. Further, the duties, rights and powers of trustees will be included, as will be the consequences of breach of trust. Particular emphasis will be placed throughout the course upon remedies, both specific and monetary. Other equitable doctrines such as breach of confidence will be considered.
    Course Staff

    Course Coordinator: Mr David Wright

    Location:                      Room 328 Ligertwood Building

                                       Telephone:         8313 4447 (work)

                                       email:    david.wright@adelaide.edu.au

                                       Course Website:            www.myuni.adelaide.edu.au

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    In this course, each student will receive two (one hour) lectures plus one (one hour) seminar per week.

    All lectures will be held in Barr Smith Lecture theatre.

  • Learning Outcomes
    Course Learning Outcomes

    The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge (also known as the Priestly 11). This course teaches the following topics within these core areas: history and nature of equity, fraud in equity (including undue influence, equitable fraud, unconscionability, mistake, misrepresentation and estoppel), express trusts, resulting trusts, fiduciary relations, constructive trusts and remedies.

    The Priestly 11 constitute the subjects that must be satisfactorily studied if the student wants to be admitted by the courts to work as a lawyer.  Equity is one of the Priestly 11.    The Priestly committee requires certain topics must be in the taught in the law degree.  These are:

    1 (a) The nature of equity

    (b) Equitable rights, titles and interests

    (c) Equitable assignments

    (d) Estoppel in equity

    (e) Fiduciary obligations

    (f) Unconscionable transactions

    (g) Equitable remedies.

    AND

    2) Trusts with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries.

    OR

    Topics of such breadth and depth as to satisfy the following guidelines.

    The topics should cover the elements of trust law, equitable doctrines apart from those relating to trusts, and equitable remedies. The following aspects of trusts law should be dealt with: various kinds of trusts; the rights, duties, powers of trustees; the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered, for example, fiduciary obligations, equitable assignments, unconscionability and confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included.

    This course has been structured to reflect these requirements.  Essentially the course is structured in line with second alternative.  So, the course will cover the elements of trust law, some equitable doctrines (in addition, to those relating to trusts, and equitable remedies).

    In addition to the description of the Priestly 11 components of the course above, Equity has the following learning objectives:

    1. Knowledge and understanding of the content and techniques of the Law of Equity at advanced levels that are internationally recognised.
    2. The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner.
    3. An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems.
    4. Skills of a high order in interpersonal understanding, teamwork and communication (attribute 4)
       
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 2
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 3
    Skills of a high order in interpersonal understanding, teamwork and communication. 4
  • Learning Resources
    Required Resources

    The required textbook for this course is “Principles of Australian Equity and Trusts” (2nd edition, 2013 by Radan and Stewart. This is published by Lexis Nexis and was published in 2013.

    Recommended Resources
    Very useful for this course is the brief book by Dal Pont and Cockburn “Equity & Trusts: In Principle”, 2nd Edition. Although this book is extremely useful (as it has problems with solutions), it should not be used as a replacement for the required casebook. Rather, it is should be considered as a supplement to the required casebook.

    Also very useful (but very difficult) is “Meagher, Gummow & Lehane's Equity: Doctrines and Remedies” (4th ed) by Meagher; Heydon and Leeming.
    Online Learning
    It is the intention of this course to record all lectures and placed them on MyUni.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The approach to learning and teaching for this course is by lectures and seminars. The relationship of these is that lectures will be supported and more fully developed by problem-solving seminars, so as to develop material introduced in lectures and aid students understanding of the concepts. Seminars will be held weekly, beginning in Week 2. Seminars will both consolidate material covered in earlier lectures and canvas new material which will not be addressed in lectures. Seminars are an important component of the student’s learning in this course. The communication skills developed in seminars by regularly and actively participating in discussions are considered to be most important by the School and are highly regarded by employers and professional bodies.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    In this course, each student will receive two (one hour) lectures plus one (one hour) seminar. It is essential to realize that the University expects full-time students (that is, those taking 12 units per semester) to devote a total of 48 hours per week to their studies. As Equity is a 3 unit subject, a student should devote approximately 12 hours to it a week (obviously this is an average figure, as some weeks will be very busy with the assignment or preparing for the exam, while other weeks will be less busy). As students can see, the total contact hours per student totals 3 hours per week. Therefore, a student in this course would be expected to do approximately 9 hours work per week for this course in addition to the lectures and seminars times. It is very important that students begin working on their own (in addition to attending lectures and seminars) from the very start of this course. Without doing this, students are compromising their own learning outcomes.

    Learning Activities Summary

    TOPICS

    •  History and Nature of Equity (What it is?)        (week 1)                     
    • Express Trusts                                                (weeks 2 and 3)
    • Resulting Trusts                                              (week 4)
    • Fraud In Equity (including undue influence, equitable fraud, unconscionability, mistake, misrepresentation and estoppel)                      (weeks 5 and 6)
    • Fiduciary Relations                                          (weeks 7 and 8)
    • Constructive Trusts                                         (weeks 9-10)
    • Remedies                                                       (week 11)
    • Summary of the Course/ Revision                     (week 12)
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary


    Assessment Item % of final mark Due date Length Redeemable Learning Objectives
    Case Analysis 10% 2pm Friday 14th Maarch 2014 Yes (provided the mark is a passing one) [1-4]
    Assignment 30% 2pm Monday 7th April 2014 1200 words Yes (provided the mark is a passing one) [1-4]
    Final Exam (Comprising of a take home and invigilated exam) 70% or 100% Exam Period No [1-4]
    Assessment Related Requirements

    It is NOT compulsory to attend lectures and/ or seminars. However attendance is strongly advised.The mark(s) a student receives for the assignment and/ or the case analysis is redeemable by the exam provided that the mark is a passing one. That is, the exam may count for 100% of the mark for this course, provided the mark for the assignment/ case analysis is greater than or equal to 50%. The mas4rk for the exam is NOT redeemable. The best way to understand this assessment scheme is by examples. Example 1; say the student receives 60% for the case analysis, 90% for the assignment and 80% for the exam, the mark for the case analysis will be discarded and only the marks for the assignment and the exam will be counted. Example 2; say the student receives 90% for the case analysis, 60% for the assignment and 80% for the exam, the mark for the assignment will be discarded and only the marks for the case analysis and the exam will be counted. Example 3; say the student receives 80% for the case analysis, 90% for the assignment and 90% for the exam, the mark for the case analysis, the mark for the assignment and the exam will be counted.

    Assessment Detail

    Case Analysis 10%

    This case analysis will take the form of an online quiz. It will focus primarily on one case, the identity of which students will be told in advance. This quiz is to enhance the student’s case reading ability. This ability is an extremely important skill for a good lawyer. In a court like the High Court frequently there are many judgments. Even within the majority judgment there may be multiple judgments, demonstrating subtle (and sometimes not so subtle) differences in judicial reasoning. It is imperative that students have the skill to emphasis both the similarities and divergences in the judgments in the one case. The content of the law (that is, what the laws is) is NOT the focus of this case analysis. So although this is an Equity case, the case analysis won’t be a test of your Equity knowledge. Rather, it will examine the ability to grapple with multiple judgments in one case. This on line case analysis will constitute 10% of the student’s final mark. It is redeemable provided the mark achieved is a passing one.

    Assignment 30%

    The assignment is compulsory.  The mark a student receives for the assignment is redeemable by the exam provided that the assignment mark is a passing one.

    The assignment is an essay style question relating to Express Trusts (topic two).

    The due date for the assignment is Monday at 2pm, 7th April.  Late submission of the assignment will incur a penalty.  The penalty will be 10% for each day late (or part thereof) without the permission of the course co-ordinator.  Such extensions will not be lightly granted, for example, work commitments will not generally be grounds for an extension.  Maintaining this example, if there is a chance that work commitments may interfere with the submission of the assignment, it is strongly advised that the student prepares his/ her answer well in advance of the due date.  Actually, this is good advice for all students.

    The word limit for the assignment (including all footnotes) is 1200 words.  Assignments in excess of this limit will incur a penalty.  The penalty is 5% per 100 (or part thereof) words over the word limit.

    The substance of the assignment question (the relevant part of topic 2) will NOT form the focus of any examination question.  Of course, it may arise in the examination in an indirect and minor way. 

    Final Exam 60% or 100%

    The final exam will consist of two questions, both of which must be attempted.  The final exam will consist of two parts.  The first part will be a take home exam, while the second part will be a regular exam held in the regular exam period of June/ July.  The two parts will have equal weighting and the marks allocated to each part of the final exam will be the same. 

    Both parts of the final exam are compulsory. 

    Regarding the take home exam, there will be one question.  All students are to attempt this question.  The word limit for the take home exam is 800 words.  Answers to the take home exam in excess of this limit will incur a penalty.  The penalty is 5% per 100 (or part) words over the word limit.  It is due on the 17th of June at 2pm.  Late submission of the answer will incur a penalty.  The penalty will be 10% for each day late (or part thereof) without the permission of the course co-ordinator.  The question will be distributed at noon (or just before) on Friday 13th June

    Regarding the regular exam, the usual exam criteria apply.  There will be one question.  All students are to attempt this question.  This exam will go for one hour (plus reading time).  It is an open book examination, so any material (except library books) can be taken into the exam.     

    Reminder The University requires students to be available for exams as scheduled.  This applies to both the Primary and Supplementary exams.

    Exam period: Semester 1

    Submission
    All submissions (that is, the assignment and the take home exam) should be submitted using a coversheet and placed in the assignments slot, near the Front Office. Penalties for both late submission and breach of the word limit are listed above. The assignment will be returned, having been marked and comments provided, three weeks from the due date. The final exam will be returned after the Board of Examiners meeting in late July/ early August.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support

    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/

  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

     

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide 2014, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

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  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

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