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Module Title |
Equity
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Module Code |
LG324
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School |
School of Law & Government
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Online Module Resources
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Level |
3
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Credit Rating |
5
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Pre-requisite |
None
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Co-requisite |
None
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Module Aims
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The aim of this module are:
- To acquaint students with the historical development of the rules of equity in light of the development of the common law;
- To acquaint students with the importance of the rules of equity and equitable remedies;
- To teach students the principles and rules of equity; and,
- To teach students the approach taken by the courts in Ireland to equity.
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Learning Outcomes
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At the end of the module, students must:
- Appreciate the historical development of equity;
- Demonstrate a thorough knowledge and understanding of the principles of equity;
- Understand how the principles of equity have impacted and continue to impact on the Irish legal system; and,
- Be able to solve problems using the rules and principles of equity.
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Indicative Time Allowances
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Hours
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Lectures |
0
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Tutorials |
0
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Laboratories |
0
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Seminars |
0
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Independent Learning Time |
75
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Total |
75
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Placements |
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Assignments |
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NOTE
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Assume that a 5 credit module load represents approximately 75 hours' work, which includes all teaching, in-course assignments, laboratory work or other specialised training and an estimated private learning time associated with the module.
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Indicative Syllabus
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- Basic principles: development of equity: nature and historical background; traditional maxims of equity;
- Modern equity: equitable interests and equities; equitable doctrines: notice, estoppel, fraud, undue influence, and unconscionable transactions; equitable remedies: injunctions, specific performance, recission, rectification, tracing;
- Trusts: nature and classification; formal requirements; the three certainties; constitution; void and voidable trusts; secret and half-secret trusts; resulting rusts; constructive trusts; trusts affecting the family home; charitable trusts and purpose trusts; "cy-pres" doctrine; appointment, removal and retirement of trustees; their powers and duties;
- Election; conversion and reconversion; powers of appointment.
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| Assessment | | Continuous Assessment | 30% | Examination Weight | 70% |
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Indicative Reading List
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- Delaney, Equity and the Law of Trusts, 2nd edition, Dublin: Round Hall/Sweet and Maxwell, 1999
- Burn and Maudsley, Burns Trusts and Trustees
- Cases and Materials, 5th edition, London: Butterworths, 1996
- Hanbury and Martin, Modern Equity, 14th edition, London: Sweet and Maxwell, 1993
- Keane, Equity and the Law of Trusts in the Republic of Ireland, London: Butterworths, 1988
- Pettit, Equity and the Law of Trusts, 8th edition London: Butterworths, 1997
- Wylie, A Casebook on Equity and Trusts, 2nd edition, London: Butterworths, 1998
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Programme or List of Programmes
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| EPL | BA in Economics, Politics & Law |
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