Commercial Equity

Course aim

Advanced knowledge on key equitable principles and remedies including fiduciary relationships, breach of confidence and equitable proprietary remedies and consideration to a variety of commercial relationships (eg joint ventures, partnerships, agency, trading trusts).

Course content

The course content will include contemporary and topical issues in Equity, areas to be examined may include such topics as the following:

The relationship between agency, partnership and fiduciary relationships within corporations and other entities such as joint ventures and the rights and obligations which result from the characterization of a relationship as fiduciary.

The role of statute and its influence on commercial equitable doctrines, in particular the operation of fiduciary norms in regulated environments.

Commercial use of the trust.

Participatory liability – liability of third parties such as directors and auditors for breach of fiduciary duty or breach of trust.

Equitable personal and proprietary remedies, in particular the constructive trust

Textbook(s)

., This Course will have no prescribed textbook. Students will be provided with a prescribed case reader and a study guide

Prerequisite(s)

Common to all relevant programs
Subject Area & Catalogue Number	Course Name
LAWS 3084	Equity and Trusts
LAWS 2017	Property Law A
LAWS 3080	Corporations Law
LAWS 1009	Contracts B

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Seminar	2 x 2 hours x 10 weeks

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Major essay, Oral Presentation of Essay, Preliminary Essay (outline of central thesis of major essay)

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 3)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.