Equity and Commerce

Subject LAWS70011 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

August, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Assoc Prof Elise Bant

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

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.
Objectives:

A student who has successfully completed this 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.
Assessment:

Seminar paper presentation (10%)
3 hour examination (90%) (17 September, pm)
or
10,000 word research paper (90%) (21 October) on a topic approved by the subject coordinator

Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

Download PDF version.