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 | SCA Band 4 |
| Fraction of Full-Time Student Load | 0.125 |
| Pre-requisites or Co-requisites |
Prerequisite: LAWS11057, LAWS11059, LAWS11061 & LAWS11062 Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework). |
| Class Timetable | View Unit Timetable |
| Residential School | No Residential School |
Unit Availabilities from Term 1 - 2026
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).
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%).
Past Exams
All University policies are available on the Policy web site, however you may wish to directly view the following policies below.
This list is not an exhaustive list of all University policies. The full list of policies are available on the Policy web site .
Term 1 - 2020 : The overall satisfaction for students in the last offering of this course was 90.63% (`Agree` and `Strongly Agree` responses), based on a 54.24% 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: Student evaluations
Written assignment: feedback indicated that the assignment was returned too late in the term.
Assessments will be returned to students two weeks before the exam at the latest.
Assignments were returned more than two weeks before the final term assessment.
Source: Student evaluations
Written assignment: feedback indicated students wanted more detailed feedback on their assignment.
Assessment feedback will include a completed rubric.
A rubric was included in the student assignment feedback.
Source: Student feedback
Assignment feedback
There are no recommendations as this unit has been terminated. There will be no further offerings
In Progress
On successful completion of this unit, you will be able to:
- Explain the principles of Equity and their relationship to broader legal principles
- 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
- Critically analyse the role played by Equity in common law jurisdictions
- Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies
- Identify and critically assess different theoretical arguments relevant to equitable doctrines and remedies
- Analyse and predict how unresolved or ambiguous questions of equitable doctrine could be resolved by the courts.
| Assessment Tasks | Learning Outcomes | |||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 1 - Written Assessment | • | • | • | |||
| 2 - Examination | • | • | • | • | • | |
| Graduate Attributes | Learning Outcomes | |||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 2 - Problem Solving | • | • | • | • | • | • |
| 3 - Critical Thinking | • | • | • | • | • | • |
| 4 - Information Literacy | • | |||||
| Assessment Tasks | Graduate Attributes | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 10 | |
| 1 - Written Assessment | • | • | • | • | |||||||
| 2 - Examination | • | • | • | ||||||||