70516 Equity and Trusts

Requisite(s): 70317 Real Property AND 70417c Corporate Law
Undergraduate and Postgraduate
Subject coordinator: J Felemegas

This subject deals with the law of equity and the law of trusts. Equity is a body of rules or principles developed in the Court of Chancery before 1873. The doctrines of equity developed as a response to defects in the English common law system, defects which had resulted in rigidity and inflexibility. A knowledge of the principles of equity is therefore crucial to a complete understanding of the law in those areas of private law, particularly property and contract, where equity intervened to modify the operation of the rules of the common law. In that sense, the doctrines of equity form part of the law of contract and property. The doctrine has also reached into other subject areas including taxation law, corporate law and succession. Equity also developed remedies, such as the injunction, which were unknown to the common law and which have a continuing influence in public law as well as private law.

Students also examine the nature, constitution and classification of trusts.

Typical availability

Autumn semester, City campus
Spring semester, City campus