Equity and Commerce

Subject LAWS70011 (2011)

Note: This is an archived Handbook entry from 2011.

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

This subject has the following teaching availabilities in 2011:

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: Not available
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

Prof Michael Bryan

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our 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:

Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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