Property, Equity, and Trust in Common Law - LAW 362
This course explores the foundations of the institutions of Property, Equity, and Trust. It combines conceptual and functional analysis of doctrine with more abstract theoretical enquiry. The chief aim of the course is to provide students with a sound understanding of the fundamental principles of Land Law and the role that equitable doctrine plays in molding and developing Property Law. Students will be expected to come to grips with key common law principles, examine and appreciate the role of equitable doctrine, and understand the legislative framework and its application where applicable. The course explores:
• The Boundaries of property (conceptual and functional analysis of property);
• The Justifying Property (mainstream and novel defenses and critiques of property);
• The Trust (the distance contribution of trust and fiduciary institutions in blurring the lines between proprietary and personal claims; trust systems in Common Law and civilian jurisdictions); and
• The Equity (origins of Equity, native title, contracts for sale of land, part performance, legal interests, appropriate application of a range of equitable doctrines to particular scenarios and the availability of different remedies).
Language of Instruction: English (legal terms, however, are also given in Arabic and French).