Builds upon the introduction to equitable concepts and doctrines encountered in LAWS202 and LAWS203.
The paper will consider particular instances within a commercial context in which
equity has been employed to formulate the rights and duties between commercial parties
and/or has been used to provide a remedy not ordinarily available at common law.
A successful student will gain a greater understanding of the ways in which equity, in contrast to the common law, tends to respond to common commercial disputes. In addition to this substantive knowledge, this paper will encourage students to engage in critical analysis of legal arguments and judgments. Students will develop their legal reasoning skills and gain confidence in formulating, presenting and analysing their own arguments in the course of regular classroom discussion.
|Paper title||Commercial Equity|
|Teaching period||Not offered in 2019, expected to be offered in 2021|
|Domestic Tuition Fees||Tuition Fees for 2019 have not yet been set|
|International Tuition Fees||Tuition Fees for international students are elsewhere on this website.|
- LAWS 202 and LAWS 203
- Limited to
- LLB, LLB(Hons)
- May not be credited together with LAWS473 passed in 2008-2014.
- Teaching staff
- Course materials are provided by the Faculty.
- Graduate Attributes Emphasised
- Global perspective, Interdisciplinary perspective, Lifelong learning, Scholarship,
Communication, Critical thinking, Cultural understanding, Ethics, Environmental literacy,
Information literacy, Research, Self-motivation, Teamwork.
View more information about Otago's graduate attributes.
- Learning Outcomes
- In-depth knowledge of the most significant principles and concepts of equity as they relate to commercial transactions and an ability to apply these to practical legal problems
- Ability to conduct research by formulating a research question; identifying the information needed; and locating, retrieving, evaluating and using it effectively
- Ability to analyse legal arguments and judgments logically and to consider different and often conflicting viewpoints on the appropriate policy and development of the law
- Critical evaluation of weaknesses and strengths of the current law and any need for reform
- Appreciation of differences and similarities in the approaches taken to the same problems in the United Kingdom, Australia and Canada
- Ability to communicate information and arguments effectively, both orally (in-class discussions) and in writing (in essays and in legal opinions on hypothetical fact scenarios)
- Capacity for self-directed activity and the ability to work independently.