LAW 306A/B : Equity

Law

2023 Semester One (1233) / Semester Two (1235) (20 POINTS)

Course Prescription

A study of the central principles and remedies of equity including: the fiduciary principle, relationships of confidence, unconscionable conduct, undue influence, estoppel, assignments, trusts (express, resulting and constructive), charities, tracing, third-party liability, the assignment in equity of choses in action, and priorities. Basic principles of the law of succession and of the administration of estates.

Course Overview

The course introduces and develops the central principles of equity and its principal remedies. It is largely taught through case law. In order to acquire a fundamental understanding of the subject it is necessary to consider the history of equity and its evolution to the present day. The law of trusts is studied in depth. Private trusts are addressed, particularly with respect to the requirements for their creation and different forms of obligation. Trusts arising by operation of law, particularly resulting trusts are examined. The formalities for disposing of property and consequences of incompletely constituted dispositions are reviewed.  Testamentary dispositions and principles of the law of succession are considered, followed by the administration of trusts and trustee's duties. The fiduciary principle and equitable remedies are assessed, with particular reference to the leading case law.

Course Requirements

Prerequisite: LAW 201, 211, 231, 241 To complete this course students must enrol in LAW 306 A and B

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Analyse fundamental principles of equity in their historical and modern contexts. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3 and 4.1)
  2. Analyse and apply equitable doctrines in diverse settings. (Capability 1.3, 2.1, 2.2, 2.3, 3.1, 3.2 and 3.3)
  3. Apply substantive principles of case law in actual and hypothetical situations. (Capability 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2 and 3.3)
  4. Apply equitable principles from a real-world perspective in actual and hypothetical situations. (Capability 1.2, 2.1, 2.2, 2.3, 3.1, 3.2 and 3.3)

Assessments

Assessment Type Percentage Classification
Essay 15% Individual Coursework
Essay 15% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4
Essay
Essay
Final Exam

Workload Expectations

This is a standard 20-point course. There will be around 48 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 200 hours.

Delivery Mode

Campus Experience

In Person, Campus-based Delivery

This course will include live lectures conducted in-person and recorded, and may include other live activities including small group discussions held in a small-group workshop settings which will not be recorded.

    You may also be required to attend coursework assessments on campus scheduled throughout the year.

    You must be available to attend the final examination, which will be in person and invigilated.

ALL students must be available to attend the final examination on campus, which will be conducted in person.


Offshore Online, Remote Delivery

Limited opportunity is available during semester one, 2023 ONLY for this course to offer online remote delivery for offshore students who cannot attend classes in New Zealand. From semester two 2023, all students must attend in person.

The online remote stream is strictly limited to offshore students who have prior approval from the University's Campus Care. If you cannot process your student visa to travel to Auckland because of ongoing emergency conditions/restrictions operating in your country, you MUST contact Campus Care well before enrolling for 2023 courses in order to be approved to enrol onto this online stream. 

From semester two, 2023 the online remote stream will no longer be offered and all classes will then be conducted in person, on campus with Panopto recordings available where appropriate. You must :
    attend the scheduled online activities including all semester one, 2023 assessment components.
    make arrangements to arrive in Auckland to start attending in person, all classes in semester two, 2023 and 
    make yourself available in person on campus to attend the final examination.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Online cases in Canvas.
Recommended text: Butler (ed) Law of Trusts in New Zealand (2nd ed)

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

A  weekly summary is provided and students are encouraged to review this in advance of the lectures and to consider the accompanying questions.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 26/10/2022 12:58 p.m.