LAWS12056 - Equity

General Information

Unit Synopsis

LAWS12056 Equity examines Equity Law, the secondary body of English law as developed by the Courts of Chancery, supplementing the Common Law, together with reform initiatives including the Judicature Act 1873 (IMP). The unit has three main parts. The first part surveys the origins of Equity Law and its contested relationship with the Common Law. The second part addresses: equitable rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations and unconscionable transactions. The third part deals with equitable remedies including declarations, specific performance, injunctions, rescission and damages together with equitable defences. This unit together with LAWS12060 Trusts meets the LPAB requirements for equity.

Details

Level Undergraduate
Unit Level 2
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125
Pre-requisites or Co-requisites

Prerequisite: LAWS11057, LAWS11059, LAWS11061 & LAWS11062

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 3 - 2018

Term 3 - 2018 Profile
Distance
Term 1 - 2019 Profile
Online
Term 3 - 2019 Profile
Online

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Assessment Tasks

Assessment Task Weighting
1. Written Assessment 40%
2. Examination 60%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%).

Consult the University’s Grades and Results Procedures for more details of interim results and final grades

Past Exams

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Previous Feedback

Term 1 - 2018 : The overall satisfaction for students in the last offering of this course was 4 (on a 5 point Likert scale), based on a 47.37% response rate.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Source: Course coordinator observation, some student comments.
Feedback
Unit materials (audio lecture recordings, course notes) would benefit from an update.
Recommendation
Unit materials should be reviewed and updated, with new audio and video resources provided.
Action Taken
Unit materials and video resources were updated for Term 1 2018.
Source: Course ratings.
Feedback
Students value detailed feedback on assessment tasks.
Recommendation
Continue to offer a marking sheet that positions a student's work on a matrix for that task, as well as offering personal comments and a grade. Continue to offer individual phone calls or group zoom feedback sessions for those students who don't understand their feedback or who require elaboration to be able to integrate it into their future work.
Action Taken
The assignment was marked according to a marking rubric that was uploaded to the Moodle site at the beginning of term. The marking rubric was explained during a Zoom session dedicated to assignment preparation. Students received extensive feedback on their assignments, based on an answer guide written by the Unit Coordinator and provided to the marker. The assignment marker was invited to and attended a Zoom session after the results were released to respond (along with the Unit Coordinator) to student queries about assignment feedback. In addition, students were able to contact the Unit Coordinator for individual consultations about assignment feedback
Source: 'Have Your Say' Unit evaluations
Feedback
Students expressed a preference for the term study materials for week 1 -11 to be uploaded at the beginning of term.
Recommendation
Term materials to be uploaded at the beginning of term.
Action Taken
Nil.
Unit learning Outcomes

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

  1. Explain the principles of Equity and their relationship to broader legal principles
  2. Identify relevant equitable doctrines (equitable rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations and unconscionable transactions) and remedies and apply them to problem scenarios
  3. Critically analyse the role played by Equity in common law jurisdictions
  4. Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies
  5. Identify and critically assess different theoretical arguments relevant to equitable doctrines and remedies
  6. Analyse and predict how unresolved or ambiguous questions of equitable doctrine could be resolved by the courts.


Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3 4 5 6
1 - Written Assessment
2 - Examination
Alignment of Graduate Attributes to Learning Outcomes
Introductory Level
Intermediate Level
Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5 6
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
Alignment of Assessment Tasks to Graduate Attributes
Introductory Level
Intermediate Level
Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment
2 - Examination