LAW30060 Equity: History, Doctrines, Remedies

Academic Year 2022/2023

This module focuses on the history of the emergence of equity as a source of law with particular focus on modern equitable remedies and the specific conditions regarding their use today. A legal comparative approach is adopted in the teaching of this module with full consideration of the leading Irish and English cases and authorities. Specific areas to be covered include the emergence of equity pre- and post- Judicature, the doctrine of estoppel, injunctions, specific performance, rescission, rectification, constructive fraud in the context of undue influence, and tracing.

Note that both this module and Law 30230 - Overview of the Law relating to the Creation and Administration of Trusts" are required for Law Society and Kings' Inns purposes and for the purposes of those students contemplating qualifying as a solicitor in England and Wales.

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Curricular information is subject to change

Learning Outcomes:

On completing this module students will be expected to: Demonstrate an understanding of the place of equitable remedies in modern law with an ability to critique the law and assess its effectiveness at achieving fair and efficient outcomes; Discuss the legal requirements for the equitable remedies covered; Elaborate on the scope of the respective equitable remedies taking account of the limits of judicial discretion and the incursion of statutory and common law; In the context of a problem question, display an ability to identify the legal issues involved, reflect on the various equitable possibilities and engage in reasoned analysis to provide a measured answer to the problem posed; and compare and contrast the approach of the Irish courts to those of their English counterparts.

Indicative Module Content:

Specific areas to be covered include the emergence of equity pre- and post- Judicature, the doctrine of estoppel, injunctions, specific performance, rescission, rectification, constructive fraud in the context of undue influence, and tracing.

Student Effort Hours: 
Student Effort Type Hours
Specified Learning Activities

12

Autonomous Student Learning

114

Lectures

24

Total

150

Approaches to Teaching and Learning:
This module is delivered by socratic method in large lecture theatre format. Students are encouraged to read material in advance of class to better inform their understanding and participation in lectures. A number of formative learning exercises are conducted throughout the semester to aid student learning and which build upon group work skills, analytical skills and peer review feedback. Questions are encouraged as we learn best when we learn from one another. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Incompatibles:
LAW41850 - Advanced Equity

Equivalents:
Equity (LAW37060)


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Examination: Written Examination (2 hours) in-person at the end of semester 2 hour End of Trimester Exam No Graded No

100


Carry forward of passed components
Yes
 
Resit In Terminal Exam
Spring Yes - 2 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, post-assessment
• Peer review activities
• Self-assessment activities

How will my Feedback be Delivered?

In relation to formative learning activities carried out during the semester, students receive feedback through peer review activities in their assigned groups and through seeing the feedback given to other students on their group exercises. In relation to the end of semester examination, students may seek individual feedback by arranging an appointment with the module coordinator post examination results release.

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Autumn
     
Lecture Offering 1 Week(s) - 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 Tues 11:00 - 12:50
Lecture Offering 1 Week(s) - 5 Tues 18:00 - 19:50
Autumn