SPECIAL NOTE: Compulsory unit in old Law degrees where students commenced studies before 2013.
From 2014, students in courses 63A, 63C, 63D, 63E, 63F, 63G, 63H, and all L3-coded degrees, who have not passed LAW307 and LAW450 must substitute both LAW353 and LAW454.
The unit covers the law pertaining to trusts, and deals with the following topics: (1) the nature of a trust, and how it compares to other legal relationships; (2) the essentials for the creation of an express trust; (3) the incidents of trusteeship: the appointment and removal of trustees, as well as trustees` duties, powers and rights; (4) remedies for breach of trust, both personal and proprietary; (5) the application of the law of trusts in particular commercial contexts, specifically in trading and investment, and the use of the trust as a vehicle for insolvency protection; (6) the law pertaining to charitable trusts; (7) non-express trusts, namely resulting trusts and constructive trusts.
ASSESSMENT: To be advised
2-hr lecture weekly (13 wks), one tutorial per fortnight
FLEXIBLE & ONLINE STUDY OPTIONS Note: Class attendance may still be required
Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Campus - H Hobart, L Launceston, W Burnie. Study Centre - V Sydney, R Rozelle, P Beauty Point. Distance units may also have a campus identifier of I Isolated, N Interstate, O Overseas. Units delivered in Transnational Education (TNE) Programs have a campus identifier of A Hangzhou, F Fuzhou, G Shanghai, K KDU Malaysia, Q Kuwait or Y Hong Kong.