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Summer Session 2009-10 |
lec > subject pages > equity |
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Equity, which includes the law of trusts, begins with a study of the historical origins and development of the equitable jurisdiction and then moves on to consider equitable doctrines concerning property, including the recognition of assignments of legal and equitable interests in property in equity; estoppel in equity; fiduciary obligations; the nature and creation of trusts, including trusts arising by operation of law as resulting or constructive trusts; charitable trusts; the duties, powers, rights and liabilities of trustees; the rights of beneficiaries, including the right to trace trust property; and, to conclude, equitable remedies including injunctions, specific performance, monetary remedies in equity and the equitable jurisdiction to set aside transactions procured by undue influence and unconscionable conduct. The emphasis in the course will be on developing in the students an understanding of the principles of equity and their practical application. In this respect cases will be discussed and studied, but primarily as examples of the application of principle, and as a means of understanding particular principles, rather than as an end in themselves. Students will be expected to identify and grasp the equitable issues arising in a given set of facts and, also, how a court exercising an equitable jurisdiction would deal with those issues in applying the principles discussed in the course to grant or refuse relief. The course will also address some of the underlying doctrines of equity, particularly that of unconscionable conduct, and the links between those underlying doctrines and particular principles found in the spectrum of the equitable jurisdiction. ASSESSMENT To be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and learning program, the first step of which is to ensure that you have registered online with the LEC in each subject for which you have enrolled with the Board. This gives you access to the full range of learning resources offered by the LEC. Then, students must achieve a satisfactory result (at least 50%) in each subject where a compulsory component is prescribed.
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