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Unit of Study LAWS2069 - Troubling Transactions in Private Law (2022)

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Unit Snapshot

  • Enrolment information

    Requires attendance at intensive classes held over four consecutive days. Students must commit to this mode of study before enrolling. Students should have a working knowledge of the law of trusts, equity, and property. Some knowledge of insolvency would be useful.

Unit description

The law places high value on stability of commercial transactions. Provided these comply with pre-established rules, transactions are normally final. However, in certain cases the common law and equity do permit unusually "troubling" transactions to be questioned because of misconduct by one party, or by later supervening events. This unit examines these exceptional cases and the underlying jurisprudential theory that gives them coherence.

Unit content

  1. Consequences of a Ponzi scheme
  2. Failure of a trust
  3. Court resolutions to disputes
  4. Mistake in formation of a contract or trust
  5. Equity’s response to misconduct by a fiduciary
  6. Mortgagee’s obligation to “account”
  7. Damages for a breach of a civil obligation
  8. Forms of equitable relief
  9. Remedies and processes

Availabilities

Not currently available in 2022

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

demonstrate an understanding of the theoretical bases upon which the Court may intervene in its common law and equitable jurisdictions to remedy a “failed” transaction

advise practically on the consequences of alternative actions

identify remedies available to prevent loss or damage to a party.

demonstrate an understanding of how the law of trusts, equity, and/or property remedy transactions ‘gone wrong'