Monash University Handbook 2010 Postgraduate - Unit

Synopsis

Equity as an Australian vehicle for the rise of principles and standards. The values of equity. The infiltration of equitable doctrines into commercial transactions. Mistake, misrepresentation and non-disclosure with particular reference to contract negotiations. Undue influence, with particular reference to spousal guarantees. Unconscientious dealing with particular reference to lending practices. Fiduciary relationships in commercial transactions. Equitable proprietary entitlements with particular reference to the constructive trust in commercial dealings.

Objectives

To give students 1) an awareness of ani-formalist trends in the modern law; 2) a reinforced understanding of the mechanisms of equity in commercial litigation; 3) the ability to advise clients on and engage in legal argument in relation to relevant equitable intervention; and 4) the ability to critically analyse and discuss the policy justifications of equitable intervention in commerce.

Assessment

Final examination (1.5 hours): 50% Research assignment (2500 words): 30% Class paper and class participation: 20%