Equity and Trusts

Equity and trusts refers to those important doctrinal and remedial developments arising from the exercise of equitable jurisdiction by the courts. This unit of study will cover the historical development and content of equity; the concept of a trust, creation of express trusts, the nature of implied, resulting and constructive trusts; the concept of fiduciary obligations with particular reference to commercial settings and trustee’s duties; Equity’s supervision and control of trust powers and discretionary powers generally; the nature and significance of equitable remedies including the distinction between remedies of a personal and proprietary nature.

Learning Outcomes

On successful completion of this unit, students will be able to:

1. Critically review collaboratively the historical reasons for a distinctive equitable jurisdiction;
2. Implement equitable principles in the resolution of a range of problems with initiative and professional judgment;
3. Theorise the principles that are relevant to both common law and equitable remedies and contextualise to authentic contemporary issues;
4. Canvass equitable doctrines and their underlying themes with peer groups and professional communities of practice; and
5. Postulate the proper role of the general principles of law and equity in its social context.