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 student 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|
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).
Unit census dates currently displaying for 2022 are indicative and subject to change. Finalised census dates for 2022 will be available from the 1st October 2021.
- 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||Grandfathered Student Contribution 1||Approved Pathway Course Student Contribution 2||Domestic Full Fee|
- Available as a Commonwealth Supported Place
- HECS-HELP is available on this unit, depending on your eligibility3
- FEE-HELP is available on this unit, depending on your eligibility4
1 Please refer here more information on student contribution amounts.
2 Information on eligibility and Approved Pathway courses can be found here
3 Please refer here for eligibility for HECS-HELP
4 Please refer here for eligibility for FEE-HELP
Please note: international students should refer to this page to get an indicative course cost.
Prerequisites50 credit points of Intermediate Law core - to do this unit it is recommended that you have completed LAW251 & LAW262
Lecture: 1 hour weekly online
Tutorial/Workshop: 2 hours weekly face-to-face (commencing in Week 2 of semester)
|Assessment||Mid-Semester test (25%)|Exam (50%)|Essay (25%)|
|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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