FACULTY OF LAW Te Kauhanganui Tātai Ture LAWS305 — by mfuw0ekd999


									FACULTY OF LAW Te Kauhanganui Tātai Ture


Time and Place of Classes
The class meets in OGB LT2. Class times are as follows: Mon: Tues: Fri: 12:40-14:30 11:30-13:20 12:40-13:30

Thurs: 11:30-13:20 The course runs from Monday 16 November to Friday 18 December 2009.

Course Coordinator
Shaunnagh Dorsett, Rm 342, Shaunnagh.Dorsett@vuw.ac.nz Ph: 4636362. Preferred method of contact outside consultation hours is email or personal visit.

Course Content
This course introduces students to a range of equitable doctrines and remedies. In so doing, the aim is not only to introduce students to the substantive rules, but to consider contemporary uses of the particular doctrine being studied, as well as to locate equity in the wider legal landscape. Many students are familiar with the historical development of equity, and its roots in fairness and good conscience. However, in New Zealand, and other common law jurisdictions, equity has come to have a specific meaning, and to refer to a particular body of law which in many ways remains quite distinctive from the common law. This course seeks to keep traditional analysis of equity, which focuses on the maxims and history of equity, to a minimum, focusing instead on the legal and social contexts in which modern equity is important. Disputes in commercial contexts, for example, are increasingly resolved by recourse to equitable concepts and principles. Several themes are woven throughout the course. First, the course will introduce a comparative context, by examining the way in which particular equitable doctrines are used by courts in various jurisdictions. For example, in Canada, fiduciary obligations can be prescriptive. In other words, being a fiduciary can import notions of positive obligations. This expanded notion of the fiduciary has been used by the courts to allocate liability in areas traditionally the providence of tort or contract law. In contrast, in Australia, and to a lesser extent New Zealand, fiduciary obligations have remained proscriptive. Thus, there is no connotation of positive duties. Rather, the doctrine is concerned with the maintenance of loyalty and is activated when a fiduciary seeks to improperly advance his interests in or as a result of the relationship. Examinations such as this not only show us the differing ways in which doctrines are used in different jurisdictions, but also allow 1

us to build up a picture of the way in which equitable doctrines are expanding and changing shape in response to modern commercial and family contexts. Second, in looking to modern equity’s place in the legal system, it is also important to evaluate the shifting relationship between law and equity. This requires some consideration of the on-going ‘fusion debate’. Do equity and the common law, as is suggested above, remain separate, albeit administered by the same court? Or have they been fused? If the common law and equity recognize equivalent rights, are there grounds for doctrinal fusion? Some moves towards doctrinal fusion are evident, particularly in areas such as duress and estoppel. Fusion is also examined in the context of remedies. In a number of jurisdictions, there is evidence of an intermingling of legal and equitable principles in the context of remedial relief. This has been particularly evident in New Zealand and Canada, less so in the United Kingdom or Australia.

By the end of this course, students should: • • • • • • • Understand the modern function and operation of equity; Be aware of the place of equitable doctrines in the New Zealand legal system; Have considered the modern relationship between equity and the common law; Be able to describe the primary equitable doctrines; Understand the interaction between the various equitable doctrines; Have looked at the different ways in which courts in various jurisdictions use particular equitable doctrines; Be able to apply the various doctrines to given fact situations.

Communication and Notices
Some use will be made of Blackboard. For this you will need your SCS username and Student ID. Communication of any information relating to the course will be by announcement in class and will also be posted on blackboard. It is the responsibility of students to check for notices.

Mandatory Course Requirements (Terms)
All items of assessment must be undertaken in order to pass the course.

Essay 30% Friday 18 December 2009 4 pm at the Law Reception – Length 1500 words (inclusive of footnotes). This will be submitted electronically. Instructions will be given with the essay topic. Lateness: 5 marks for each day or part day late, will be deducted from the mark received by the student (ie the mark out of 30). Word length: For each 10% over the indicated word length, 5 marks will be deducted from the mark received by the student (ie the mark out of 30). Further instructions will be issued with the Essay. There will also be a class on essay writing. This essay will not require independent research. Students will be able to complete the essay based on materials given and some materials placed on-line reserve articles. 2 Weighting: Due:

Final Examination This will be a 2 hour, open book exam Weighting: 70% Date: The Final Examination will be held on December 17. You must be available on this date. Please do not take this class unless you are available on that date for the final examination. No exemptions will be made.

Order of Topics
Please note that teaching in the course will be (roughly) organised as follows. This may vary slightly depending on the level of interest and class discussion on each topic. Week 1 Monday Course Introduction Reading Week 2 Fiduciaries Fiduciaries Week 3 Accessory Liability Accessory Liability Tuesday Limitations Equitable Assignments Fiduciaries Fiduciaries Problem 5: Accessory Liability I Accessory Liability Thursday Equitable Assignments Equitable Assignments Fiduciaries Problems 2 and 3: Fiduciaries Accessory Liability Problem 6: Accessory Liability II Defences No class Estoppel Friday Problem 1: Equitable Assignments

Problems 2 and 3: Fiduciaries

Week 4 Week 5

Estoppel Estoppel Revision Essay writing

Estoppel Estoppel Guest lecture

Problem 7: Estoppel Remedies Exam

Approximately 150 hours including lectures/class time. This is a standard law course, taught in an intensive fashion. This means that the workload for this course in one week is twice that of a regular law course taught during trimester one and two. Therefore, students should be prepared for a high level of reading for each two hour class.

Required Materials
The course material volumes can be purchased from the Victoria University Bookshop in Rutherford House on Bunny Street. In addition, students may wish to consult either of the following texts: Dal Pont and Chalmers, Equity and Trusts in Australia (Law Book, Sydney, 2000). Butler (ed), Equity and Trusts in New Zealand (Brookers, Wellington, 2009). Students are not required to buy these texts. Copies are on reserve.


Class Representative
A class representative will be elected in the first class, and that person’s name and contact details will be made available to the class and to the Course Coordinator, as well as to VUWSA. Students can channel any queries, suggestions for improvement, or grievances through the class rep who can liaise with the Course Coordinator. This is of course in addition to the other channels for grievances set out below.

Academic Integrity and Plagiarism
Academic integrity means that university staff and students, in their teaching and learning, are expected to treat others honestly, fairly and with respect at all times. It is not acceptable to mistreat academic, intellectual or creative work that has been done by other people by representing it as your own original work. Academic integrity is important because it is the core value on which the University’s learning, teaching and research activities are based. Victoria University’s reputation for academic integrity adds value to your qualification. The University defines plagiarism as presenting someone else’s work as if it were your own, whether you mean to or not. ‘Someone else’s work’ means anything that is not your own idea. Even if it is presented in your own style, you must acknowledge your sources fully and appropriately. This includes: • • • • • • Material from books, journals or any other printed source The work of other students or staff Information from the internet Software programs and other electronic material Designs and ideas The organisation or structuring of any such material

Find out more about plagiarism, how to avoid it and penalties on the University’s website: www.victoria.ac.nz/home/study/plagiarism.html

Use of Turnitin
Student work provided for assessment in this course may be checked for academic integrity by the electronic search engine <http://www.turnitin.com>. Turnitin is an online plagiarism prevention tool which identifies material that may have been copied from other sources including the Internet, books, journals, periodicals or the work of other students. Turnitin is used to assist academic staff in detecting misreferencing, misquotation, and the inclusion of unattributed material, which may be forms of cheating or plagiarism. At the discretion of the School, handwritten work may be copy typed by the School and subject to checking by Turnitin. You are strongly advised to check with your tutor or the course coordinator if you are uncertain about how to use and cite material from other sources. Turnitin will retain a copy of submitted materials on behalf of the University for detection of future plagiarism, but access to the full text of submissions will not be made available to any other party.

Withdrawing from Courses
The deadline for withdrawing from courses with a full fees refund is Friday 20 November 2009 (Nov/Dec courses) or Monday 11 January 2010 (Jan/Feb courses). After that date, an application for a fees reconsideration may be made only if there are exceptional circumstances for the withdrawal. Any application must be accompanied by documented evidence. See Fees Statute, section 4.12 (p88, 2009 Calendar). There is a deadline for withdrawing from courses without having to get approval. For trimester 3, 2009 courses that deadline is Thursday 10 December 2009 (Nov/Dec courses) or Thursday 4 February 2010 (Jan/Feb courses). After that date, approval of the Deputy Dean is required for withdrawal from Law courses. Approval may only be given if the relevant criteria are met. Those criteria are in the Personal Courses of Study Statute, section 8 (see p124 of the 2009 VUW Calendar). NOTE: a student may not withdraw after the deadline merely to avoid a failing grade. Forms for late withdrawal and fees reconsideration are available from the Undergraduate Administrator, Patricia Hetherington, patricia.hetherington@vuw.ac.nz


The Use of Te Reo Māori for Assessment Policy
Students who are considering undertaking their assessments in te reo Māori pursuant to the above policy are advised to inform the Course Coordinator of their intention as soon as is practicable, preferably at the beginning of the trimester A copy of the policy and the booklet entitled “Use of Te Reo Maori for Assessment: Guidelines for Students” is available from the Academic Advisor to Māori Students, Māmari Stephens, in Room 218, ph 463 6319. Mēnā e pirangi ana koe ki te whakatakoto tuhinga i te reo Māori, he pai ake te kōrero wawe tonu mai ki te Kaiwhakahaere o tō karaehe. Kei te Kaitohutohu-a-matauranga mō Ngāi Tauira Māori te tuhinga e kiia ana ko “Use of Te Reo Maori for Assessment: Guidelines for Students”, kei a ia hoki he kape o te Kaupapa Here Reo Māori. Tonoa atu ki a Māmari Stephens, te Kaitohutohu-a-matauranga mō Ngāi Tauira Māori mō aua pepa, ko tana nama waea ko 463 6319, kei te pae tuarua tona tari (room 218).

General University Policies and Statutes
Students should familiarise themselves with the University’s policies and statutes, particularly the Assessment Statute, the Personal Courses of Study Statute, the Statute on Student Conduct and any statutes relating to the particular qualifications being studied; see the Victoria University Calendar or go to the Academic Policy and Student Policy sections on: http://www.victoria.ac.nz/home/about/policy The AVC(Academic) website also provides information for students in a number of areas including Academic Grievances, Student and Staff conduct, Meeting the needs of students with impairments and student support/VUWSA student advocates. This website can be accessed at: http://www.victoria.ac.nz/home/about/avcacademic/Publications.aspx See also the 2009 Law Faculty Undergraduate Prospectus pp34-52 for further information, http://www.victoria.ac.nz/law/downloads.aspx


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