MLL405 - Equity and Trusts
Unit details
| Year: | 2022 unit information |
|---|---|
| Enrolment modes: | Trimester 1: Burwood (Melbourne), Waterfront (Geelong), Online Trimester 3: Online |
| Credit point(s): | 1 |
| Previously coded as: | MLL321 |
| EFTSL value: | 0.125 |
| Unit Chair: | Trimester 1: Patrick Emerton Trimester 3: Claudio Bozzi |
| Cohort rule: | For Bachelor of Laws (including combined Law awards) students only |
| Prerequisite: | MLL325 and MLL327 |
| 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 - campus: | Online independent and collaborative learning activities (2.5 hours per week) plus 1.5 hour seminar per week |
| Scheduled learning activities - cloud: | Online independent and collaborative learning activities (2.5 hours per week) + 1.5 hour Cloud seminar (live streamed and recording provided) per week |
Content
The unit aims to teach students the principles of the equitable jurisdiction. They will examine equitable principles and remedies in transactions and also their relationship with existing common law principles. They will be expected to understand different forms of trusts, the creation requirements for all trusts and the various rights and duties of both trustees and beneficiaries. Topics include: the history of equity; equitable principles in transactions; fiduciary principles; and express, resulting and constructive trust analysis.
| ULO | These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: | Deakin Graduate Learning Outcomes |
|---|---|---|
| ULO1 | Demonstrate understanding of the historical evolution of the equity jurisdiction, and appreciate the distinction between legal and equitable principles and remedies | GLO1: Discipline-specific knowledge and capabilities |
| ULO2 | Demonstrate understanding of some of the relational principle of equity - undue influence unconscientious dealing and fiduciary principles – and the scope of the remedies that exist in the equity jurisdiction | GLO1: Discipline-specific knowledge and capabilities |
| ULO3 | Demonstrate understanding of the nature of trusts and the duties and rights of beneficiaries | GLO1: Discipline-specific knowledge and capabilities |
| ULO4 | Develop the skills to research edit and write a collaborative research assignment | GLO2: Communication GLO3: Digital literacy |
| ULO5 | Exercise critical thinking and judgement to apply the discipline knowledge to factual scenarios | GLO4: Critical thinking |
These Unit Learning Outcomes are applicable for all teaching periods throughout the year
Assessment
Trimester 1:| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: (Group of 2 or individual) Research Paper | 3000 words | 40% | Week 6 |
| Examination (Open Book) | 2 hours | 60% | Exam period |
| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: (Group of 2 or individual) Research Paper | 3000 words | 40% | Week 6 |
| Examination (Open Book, Proctored) | 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.
Learning Resource
The texts and reading list for the unit can be found on the University Library via the link below: MLL405 Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
Unit Fee Information
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