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.