Equity and Commerce

Subject 730-611 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Prof Michael Bryan
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the relevance of equitable doctrines and remedies to modern commercial transactions
  • Understand the interaction of equity and statute in resolving commercial disputes
  • Be aware of the discretionary considerations that inform the application of doctrines and the award of equitable remedies
  • Appreciate the potential for further development in equitable doctrines and remedies.

Syllabus:

Principal topics will include:

  • Fiduciary obligations, particularly in relation to joint ventures (such as mining joint ventures) and partnerships
  • The nature of the fiduciary obligations, including the avoidance of conflicts of interest and the duty not to profit from a fiduciary position
  • Remedies for breach of obligation, with special reference to compensation and the imposition of the constructive trust
  • Trusts in a commercial context
  • The role of estoppel in commercial negotiations
  • Breach of confidence
  • Equitable remedies.
Assessment:
  • Seminar paper presentation (10%)
  • Examination 3 hours (90%) (15 August)
    or
  • Research paper 10,000 words (90%) (25 September) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-611Equity and CommerceMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the relevance of equitable doctrines and remedies to modern commercial transactions
  • Understand the interaction of equity and statute in resolving commercial disputes
  • Be aware of the discretionary considerations that inform the application of doctrines and the award of equitable remedies
  • Appreciate the potential for further development in equitable doctrines and remedies.

Syllabus:

Principal topics will include:

  • Fiduciary obligations, particularly in relation to joint ventures (such as mining joint ventures) and partnerships
  • The nature of the fiduciary obligations, including the avoidance of conflicts of interest and the duty not to profit from a fiduciary position
  • Remedies for breach of obligation, with special reference to compensation and the imposition of the constructive trust
  • Trusts in a commercial context
  • The role of estoppel in commercial negotiations
  • Breach of confidence
  • Equitable remedies.
  • Seminar paper presentation (10%)
  • Examination 3 hours (90%) (15 August)
    or
  • Research paper 10,000 words (90%) (25 September) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Prof Michael BryanLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730611P12.500Semester 2NLawLaw730-611

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