This course
explores the foundations of the institutions
of Property, Equity, and Trust. It combines
conceptual and functional analyses 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:
- Property Boundaries (conceptual and
functional analysis of property);
- Justifying Property (mainstream and
novel defenses and critiques of property);
- 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
- 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).