78221 Commercial Equity
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Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78220 Commercial Equity
Description
This subject considers the interplay between legal issues that commonly arise during complex commercial disputes. The subject examines the role that equitable doctrines, particularly fiduciary obligations, play in common commercial situations. The reach of equitable doctrines and their relationship with contractual, tortious and statutory duties are considered within a series of commercial scenarios involving company executives, professional agents and advisers, commercial trusts, joint ventures and partnerships. The subject discusses the role of commercial law in a practical and realistic commercial context.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and understand case law, legislation and scholarly literature dealing with equity in commercial law; |
|---|---|
| 2. | Appreciate the legal and commercial factors that influence the resolution of commercial disputes; |
| 3. | Understand and articulate unsettled legal principles and any proposed reforms; |
| 4. | Reflect upon their learning and how equitable doctrine relates to other areas of legal study and practice; |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0) - Communication and Collaboration
Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)
Teaching and learning strategies
Strategy 1: Students’ Preparation for Learning
Students read cases and articles and listen to TedTalks and similar online resources before attending seminars to prepare for collaborative discussion and analysis of issues in commercial equity.
Strategy 2: Learning though Seminar Discussion and Lightning talks
Each week, students will engage in discussion and oral presentations (including lightning talks) on various aspects of legal issues arising from disruptive technologies, with immediate feedback.
Strategy 3: Online learning
UTS Online is where students access material for self-directed learning and engage in student-led discussion on key topics. Students to share their questions and ideas on the open discussion forum (UTS Online), with prompt guidance and feedback from the Subject Coordinator.
Strategy 4: Ongoing Feedback
Structured feedback is provided individually and to teams within the seminar group. There will be formative assessment tasks, self-assessment tasks and oral presentations, as well as formal assessments. Detailed guidance as to the assessment criteria and the provision of timely feedback will form an important part of the learning process.
Content (topics)
- History of fiduciary obligations in commercial arrangements
- Directors’ duties
- Third party liability issues in commercial dispute
- Specific performance, injunctions, equitable damages
- Corporate opportunity doctrine
- Intermingled funds
- Tracing
- Ponzi Schemes
- Causation in Equity
- Clean hands in commercial disputes
- Trusts as an alternative to other commercial arrangements
- The future of financial advice reforms
Assessment
Assessment task 1: Attendance; Participation; and Lightning Talks
| Objective(s): | This task addresses the following subject learning objectives: 1 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Length: | 1,000 words |
Assessment task 2: Mid-semester Essay
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 2,000 words |
Assessment task 3: Take home exam. Mix of quiz-style and short answer questions, as well as a brief reflective statement task
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 4,000 words |
