MLJ717 - Trusts and Equitable Remedies
Unit details
| Year: | 2022 unit information |
|---|---|
| Enrolment modes: | Trimester 1: Online |
| Credit point(s): | 1 |
| EFTSL value: | 0.125 |
| Unit Chair: | Trimester 1: Samantha Hepburn |
| Cohort rule: | For M729 (Juris Doctor) students only |
| Prerequisite: | MLJ701, MLJ711 and MLJ716 |
| Corequisite: | Nil |
| Incompatible with: | Nil |
| Typical study commitment: | Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit. |
| Scheduled learning activities - cloud: | 1 x 2.5h class (recordings provided) + 1.5h online seminar (live streamed and recordings provided) per week |
Content
This unit aims to equip students with the knowledge and ability to apply, critically evaluate and effectively communicate trusts and remedies law, and develop a deep appreciation of major policy issues and developments in the law. Topics include: the relationship between common law and equity, fiduciary relationships, fiduciary remedies, equitable remedies for transactions, the nature of trust, trustee duties and rights, the creation of requirements for express trusts, resulting and constructive trusts, and charitable trusts.
| ULO | These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: | Deakin Graduate Learning Outcomes |
|---|---|---|
| ULO1 | Compose and construct the specific character of the equity jurisdiction and interpret how it relates to the common law and statutory jurisdictions | GLO1: Discipline-specific knowledge and capabilities |
| ULO2 | Predict the symbiotic relationship between equity and the common law in both the doctrinal and remedial areas and hypothesise on the equitable principles that have developed to support common law and statute in the areas of transactional fairness | GLO1: Discipline-specific knowledge and capabilities |
| ULO3 | Synthesise the different commercial, domestic and charitable applications of the trust and the utility of this inherent equitable institution | GLO1: Discipline-specific knowledge and capabilities |
| ULO4 | Explain and critically evaluate the scope of trustee and beneficiary rights and responsibilities under the trust and how they relate to the institutional character of the trust | GLO1: Discipline-specific knowledge and capabilities |
| ULO5 | Explain and critically evaluate the range and scope of equitable remedies that may be applied to support an equitable action | GLO1: Discipline-specific knowledge and capabilities |
| ULO6 | Demonstrate the ability to engage in policy debates surrounding trusts law by researching, critically analysing and preparing a group research assignment | GLO2: Communication |
These Unit Learning Outcomes are applicable for all teaching periods throughout the year
Assessment
| Assessment Description | Student output | Grading and weighting (% total mark for unit) |
Indicative due week |
|---|---|---|---|
| Assessment 1: (Group of 3-5) Group Written Report | 4000 words | 40% | Week 7 |
| Examination (Open Book) | 2 hours | 60% | Exam period |
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
Unit Fee Information
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