Course description:
Historical basis of equity, as well as equitable rights, titles and interests in property, will be considered. The course will examine in detail major equitable doctrines or principles: 1) unconscionable conduct (which include estoppel and unconscionable transactions ; 2) fiduciary relationships; 3) trust: express (which discusses trust accounting), resulting and constructive. In trusts particular reference will be paid to the various types of trusts and the manner and form of their creation and variation. Further, the duties, rights and powers of trustees will be included, as will be the consequences of breach of trust. Particular emphasis will be placed throughout the course upon remedies, both specific and monetary. Other equitable doctrines such as breach of confidence will be considered.
Course Aims:
Course outcomes:
By the end of the course, students should be able to:
- Explain and apply to a factual problem the law relating to fiduciary obligations, trusts (including express, resulting and constructive trusts), equitable remedies, tracing and equitable assignment. Such discussion should note any unresolved or ambiguous questions of law and propose a reasoned answer to the problem that acknowledges strengths and weaknesses of the arguments made.
- Demonstrate a solid understanding of principles of the law of trusts and its principal remedies.
- Analyze and predict how unresolved or ambiguous questions of equitable doctrine could be resolved by the courts.
- Describe and evaluate fundamental themes underlying and connecting the specific doctrines covered, including the relationship of equity to other parts of the law.
- Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions and identify, research, evaluate and synthesize relevant factual, legal and policy issues relating to Equity and Trusts principles.