Course Catalogue

View Specification Document | Reading List

This module aims to acquaint students with issues of contemporary debate and importance concerning Equitable doctrines in the context of commercial law. Students will be shown how traditional doctrines and concepts have been adapted to the commercial context, and will consider the issues and difficulties generated by this process. Equity's expansive role in Private Law means that students will necessarily be exposed to areas of concern in the law of contract, unjust enrichment, trusts, land, and company law. In this way, students will be given the chance to broaden their knowledge of core subjects studied at levels 1-2 in contract, unjust enrichment, land, and company law.

There will be 10 x 2-hour seminars spread throughout semester 2.

This course is only available to LLB students on the Common Law programme.

None.

None

The summative assessment will consist of:

■ Seminar attendance and participation, worth 10% of final grade.

■ A 2500-word essay/scenario worth 45% of the final grade.

■ A second 2500-word essay/scenario also worth 45% of the final grade.

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

This course is intended to complement and extend student knowledge of the law of Equity and Commercial Law in England and Wales, and the contemporary significance of key doctrines and remedies within the commercial context. The course will give students the opportunity to delve into core Private Law doctrines, to assess academic commentary upon those doctrines, and evaluate the law within a broader commercial context. The overarching aim is to show students how ancient doctrines have been repurposed, sometimes successfully, sometimes not, within a modern, globalised market economy. Students will expand and deepen their knowledge of core Equitable doctrines concerning implied trusts, accessory liability, fiduciary duties, the law of tracing, and land registration.

By the end of this course students will be able to:

■ Critically evaluate complex case law, distinguishing different categories of substantive issue, and how those issues are treated via judicial reasoning.

■ Outline and explain the core tenets and central features of Equitable doctrines, and appreciate their adaptation to the contemporary commercial context.

■ Critically evaluate Equitable doctrines via both essay-based assessment and problem scenarios.

■ Critically assess academic commentary, and contributions to areas of contemporary debate.

■ Critically assess distinct theoretical frameworks concerning Equitable doctrine.

■ Outline and evaluate the place of policy-argument within the contemporary commercial context.

Completion of the summative assessment.