LAW41850 Advanced Equity

Academic Year 2021/2022

This module is designed to examine the scope and legal framework of the law regarding the doctrines and remedies of Equity. The module aims to enable the student to develop the requisite knowledge and understanding of the main concepts, principles and rules of modern equity. The module will develop and assess a range of skills through written examination and oral participation in seminars.
Students will be required to demonstrate creativity in identifying, stating and restating any problems set in terms of the literature and theoretical models available. They will be expected to demonstrate a high degree of analytical and critical ability in the application of legislation and case law and to understand the implications of equitable remedies and the relationship between equity and trusts.

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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
Lectures

24
Tutorial

8
Specified Learning Activities

12
Autonomous Student Learning

106
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. Students in this module also benefit from bi-weekly seminars in which greater focus can be devoted to unpacking the primary and secondary literature associated with the doctrines of Equity and enabling greater articulation and analysis of the key concepts underpinning modern Equity. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Incompatibles:
LAW30060 - Equity, LAW40890 - Adv Issues in Equity&Trusts


 
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

90
Seminar: Seminar Participation Throughout the Trimester n/a Graded No

10

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, having previously reviewed their examination scripts.