MLL405 - Equity and Trusts
Unit details
| Year: | 2023 unit information |
|---|---|
| Enrolment modes: | Trimester 1: Burwood (Melbourne), Waterfront (Geelong), Online, Community Based Delivery (CBD)* |
| 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: | MLP405 |
| 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 - online: | Online independent and collaborative learning activities (2.5 hours per week) + 1.5 hour Online seminar (live streamed and recording provided) per week |
Note:*Community Based Delivery (CBD) is for NIKERI students only | |
Content
This unit teaches some core principles of the equitable jurisdiction. Students will examine equitable doctrines that apply to transactions, and how these doctrines relate to common law principles. Students will be taught about different forms of trusts, the creation requirements for express trusts, and the various rights and duties of trustees and beneficiaries. Topics include: the history of equity; equitable principles in transactions; fiduciary relationships; and express, resulting and constructive 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 | Analyse and apply equitable doctrines, including the law of trusts, having regard to their relationship to and differences from the common law. | GLO1: Discipline-specific knowledge and capabilities GLO4: Critical thinking |
| ULO2 | Synthesise and critically evaluate legal questions that arise in relation to equity and trusts. | GLO4: Critical thinking |
| ULO3 | Contribute to the legal scholarship of equity and trusts by crafting a persuasive and cohesive argument relevant to a contemporary problem in this area. | GLO2: Communication |
Assessment
| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: (Group of 2 or individual) Report (research) | 3000 words | 40% | Week 6 |
| Examination | 2 hours | 60% | End-of-unit assessment 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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