The Law of Equity comprises that body of rules and doctrines that were administered by the Court of Chancery prior to the enactment of the Judicature (Ireland) Act, 1877. Thereafter, these rules and doctrines were, and continue to be, applied by all Courts (save the District Court which lacks an Equitable jurisdiction) and in all civil proceedings. The subject is best viewed as a body of rules complementing the Common Law, mitigating its harshness and acting as a gloss or refinement thereon.
Module Aims
- To provide an intensive course of study in the several aspects of Equity,
- To encourage students to develop independent methods of research from primary legal sources,
- To encourage students to apply equitable principles to given facts.
This module comprises 10 ECTS credits. .
Syllabus:
The Nature of Equity and Historical Background, including the Maxims of Equity.
Modern Equity:
(a) Equitable Interests and equities
b) Equitable Doctrines
(i) Notice
(ii) Estoppel
(iii) Fraud, Undue Influence & Unconscionable Transactions.
(c) Equitable Remedies
(i) Injunctions
(ii) Specific Performance
(iii) Recission
(iv) Rectification
(v) Tracing
Trusts
(a) Nature and Classification of Trusts
b) Formal Requirements
c) The Three Certainties
d) Constitution of Trusts
e) Void and Voidable Trusts
f) Secret and Half-Secret Trusts
g) Resulting Trusts
h) Constructive Trusts
I) Trusts of the Family Home
j) Charitable Trusts and Purpose Trusts
k) Cy-pres Doctrine
l) Appointment, Removal and Retirement of Trustees
m) Powers and Duties of Trustees
In addition to the above, candidates are required to have an outline knowledge of the law in the following areas:
Election, Conversion and Reconversion Powers of Appointment Satisfaction
History of Equity
n/a
Maxims of Equity
n/a
Express Trusts
n/a
Secret Trusts
n/a
Resulting Trusts
n/a
Constructive Trusts
n/a
Liability of Third Parties to Account in Equity
n/a
Purpose and Charitable Trusts
n/a
Administration of Trusts
n/a
Injunctions
n/a
Specific Performance
n/a
Estoppel
n/a
Recission
n/a
Rectification
n/a
Tracing
n/a
Interactive lectures
Self-directed learning
Group study and group discussion
Presentations
Guest lecturers
Assessment will be conducted by reference to the following criteria:
- Demonstrated knowledge of module content.
- Evidence of understanding of relevant concepts and principles.
- Originality of thought and evidence of independent research.
- Clarity of expression and presentation.
- Technical proficiency
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |