LAW353 focuses on the most developed area of equity’s jurisdiction, the law pertaining to trusts. It covers the following topics: the nature of a trust, and how it compares to other legal relationships; the essentials for the creation of an express trust; the incidents of trusteeship: the appointment and removal of trustees, as well as trustees’ duties, powers and rights; remedies for breach of trust, both personal and proprietary; the law pertaining to charitable trusts; non-express trusts, namely resulting trusts and constructive trusts. LAW353 may also addresses core equitable doctrines not the subject of discrete treatment in other core units, and, in particular, fiduciary law and the equitable doctrine of breach of confidence. Mention may also be made of the role of equity in the law of assignments, albeit within the umbrella of discussion of the law of trusts.
|Unit name||Equity and Trusts|
|College/School||College of Arts, Law and Education
Faculty of Law
|Coordinator||Professor Gino Dal Pont|
|Available as an elective?||No|
|Delivered By||University of Tasmania|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
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|Study Period||Start date||Census date||WW date||End date|
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- Describe and evaluate the importance of equity & trusts and how this body of law interacts with other areas of law.
- Apply relevant principles of equity and trusts to hypothetical factual scenarios.
- Effectively research a legal topic or problem pertaining to equity & trusts.
- Communicate clearly and concisely an understanding of relevant legal principles.
|Field of Education||Commencing Student Contribution 1,3||Grandfathered Student Contribution 1,3||Approved Pathway Course Student Contribution 2,3||Domestic Full Fee 4|
1 Please refer to more information on student contribution amounts.
2 Please refer to more information on eligibility and Approved Pathway courses.
3 Please refer to more information on eligibility for HECS-HELP.
4 Please refer to more information on eligibility for FEE-HELP.
Please note: international students should refer to What is an indicative Fee? to get an indicative course cost.
PrerequisitesLAW251 and LAW262
Lecture: 2 hours weekly on campus
Tutorial/Workshop: 1 hour weekly on campus (commencing in Week 2 of semester)
|Assessment||Mid-Semester test (25%)|Essay (35%)|Exam (40%)|
|Timetable||View the lecture timetable | View the full unit timetable|
Required readings will be listed in the unit outline prior to the start of classes.
|Links||Booktopia textbook finder|
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